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HomeMy WebLinkAbout07-19-05 CCMPMayor: Dean Johnston Council members: Rita Conlin Steve DeLapp Liz Johnson Anne Smith Please read: Lake Elmo City Council Tuesday July 19, 2005. 3800 Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615 (fax) Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance L Agenda 2. Minutes: 3. PUBLIC INOUTRIES/INFORMATIONAL: A. PUBLIC INFORMATIONAL: v/(1) HuffN Puff Proclamation, Liquor License Regional Park Strategic Planning Team a) Invite appointed reps to report to Council on Park Reserve Comprehensive Flan/ (b) Letter of Support Requested for Trail Ttnne1s under Highway 5 Reserve vs. Active Park Report on Senior Housing: Community Improvement Members 4. CONSENT AGENDA A. Resolution No. 2005-072 :Approving Claims B. Resolution No. 2005-073; Partial Payment to Chris Riley C. Request for extension of Plat:Meehan July 5, 2005 Public Inquiries/Informational is an opportunity for citizens to bring the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) rninutes. Written documents may be distributed to the Council prior to the meeting or as bench copies, to allow a more timely presentation. Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items unless a Council member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. 5. FINANCE A. Monthly Operating Report B. Resolution No. 2005-074: Authorizing Issuance and Sale of G.O. Water Revenue Bonds 6. NEW BUSINESS A. Council Compensation 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Fire Dept. Activities:Chief Malmquist National Night Out (Any Council Thoughts) B. Update on Building Activities:Jim McNamara 8. CITY ENGINEER'S REPORT: Tom Prew A. Speed on Klondike Avenue and Stop Sign on Klondike at 32" Street B. Escrow Reduction:Cardinal View 9. MANNING, LAND USE & ZONING: C. Dillerud '14. Public Hearing: Vacation of Stonegate Streets; Resolution No. 2005-075 1_,B14,esolution No. 2005-076:approving building an accessory structure forward of a primary structure: Yang, 9425 451h Street C. PUD Concept Plan — Serenity in Lake Elmo; Resolution No 2005-077 D. Site Plan Review, Link Recreational, 9200 Hudson Blvd. E. OP Concept Plan — Lake Elmo Development Co.;Resolution No. 2005-078 9'F 10. CITY ATTORNEY'S REPORT: A, Penalty for Violation of "No Parking" 11, CITY ADMINISTRATOR'S REPORT: A. New City Logo ao .3/6'rk) itA 'r east 12. CITY COUNCIL REPORTS: A. Mayor Johnston: B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith Tom Bouthilet ov c pLA f 4 446-**WA Lake Elmo City Council Agenda July 19, 2005 Page 2 National Night Out:August 2, 2005 Washington County Fair: August 3-7,2005 HuffN Puff: August 11-14, 2005 Mayor: Dean Johnston Council members: Rita Conlin Steve DeLapp Liz Johnson Arnie Smith Please read: Lake Elmo City Council Tuesday July 19, 2005 3800 Laverne Avenue No, Lake Elmo, MN 55042 777-5510 777-9615 (fax) Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staffprovides background information to the City Council on each agenda item in advance; and decisions are based On this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes: 3. PUBLIC 1NOUIRIES/INFORMA 110NAL: A. PUBLIC INFORMATIONAL: (1) Huff'N Puff Proclamation, Liquor License (2) Regional Park Strategic Planning Team (a) Invite appointed reps to report to Council on Park Reserve Comprehensive Plan (b) Letter of Support Requested for Trail Tunnels under Highway 5 (c) Reserve vs. Active Park (3) Report on Senior Housing: Community Improvement Members 4. CONSENT AGENDA A. Resolution No. 2005-072 :Approving Claims B. Resolution No. 2005-073; Partial Payment to Chris Riley C. Request for extension of Plat:Meehan July 5, 2005 Public Inquiries/Informational is an opportunity for citizens to bring the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief sumrnary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting or as bench copies, to allow a more timely presentation. Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format, There will be no separate discussion of these items unless a Council member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. Lake Elmo City Council Agenda July 19, 2005 Page 2 5. FINANCE A. Monthly Operating Report B. Resolution No. 2005-074: Authorizing Issuance and Sale of G.O. Water Revenue Bonds 6, NEW BUSINESS A. Council Compensation 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Fire Dept. Activities:Chief Malmquist — National Night Out (Any Council Thoughts) B. Update on Building Activities:Jim McNamara Tom Bouthilet 8. CITY ENGINEER'S REPORT: Tom Prew A. Speed on Klondike Avenue and Stop Sign on Klondike at 32" Street B. Escrow Reduction:Cardinal View 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Public Hearing: Vacation of Stonegate Streets; Resolution No. 2005-075 B. Resolution No. 2005-076:approving building an accessory structure forward of a primary structure: Yang, 9425 45th Street C. PUD Concept Plan — Serenity in Lake Elmo; Resolution No 2005-077 D. Site Plan Review, Link Recreational, 9200 Hudson Blvd. E. OP Concept Plan — Lake Elmo Development Co.;Resolution No. 2005-078 10. CITY ATTORNEY'S REPORT: A. Penalty for Violation of "No Parking" 11. CITY ADMINISTRATOR'S REPORT: A. New City Logo 12. CITY COUNCIL REPORTS: A. Mayor Johnston: B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith National Night Out:August 2, 2005 Washington County Fair: August 3-7,2005 HuffeN Puff: August 11-14, 2005 AMENDED AND APPROVED: 07/05/05 LAKE ELMO CITY COUNCIL MINUTES June 21, 2005 1, AGENDA 2. MINUTES: June 7, 2005 3. PUBLIC INQUIRIES/INFORMATIONAL: a. PUBLIC INQUIRIES b. PUBLIC INFORMATIONAL i. Excel Fly Ash Disposal Landfill Site Selection: C. Dillerud 4. CONSENT AGENDA: a. Resolution No, 2005-055: Approving Claims b. Fire Department Compensation c. Sachs Settlement Agreement 5. FINANCE a. Monthly Operating Report b. Water Expansion i. Bonding: Resolution No. 2005-056 6. NEW BUSINESS: a. Housing for Disabled in the Old Village b. St. Croix Family Center c, Ramsey Center for the Arts 7. MAINTENANCE/PARK/FIRE/BUILDING: a. Fire Department: Tanker/Pumper Purchase b. Update on Building Activities: Jim McNamara 8 CITY ENGINEER'S REPORT: a. Water Expansion Project Update — Verbal i. Lateral Charges b. Partial Payment Request No. 1: Chris Riley, Resolution No. 2005-057 9. PLANNING, LAND USE & ZONING: a. Public Hearing: Vacation of 55th Street, Resolution No. 2005-058; b. Comprehensive Plan Amendment: Resolution No. 2005-059; Rezoning: Ordinance No. 97-159; Conditional Use Permit: Resolution No, 2005-060; Variance: Resolution No. 2005-061; Site Plan: Resolution No. 2005-062 — Public Works/Water Tower. c, Minor Subdivision — City/3M Company: Resolution No. 2005-063 d. Final Plat and Development Agreement — CARDINAL VIEW: Resolution No, 2005-064 e. Extended Construction Working Hours - TAPESTRY 10. CITY Al 1ORNEY'S REPORT: a. Code change adding (2) alternates to Community Improvement Commission : Resolution No, 2005-065 11. CITY ADMINISTRATOR'S REPORT: a. Public Works Building 12. CITY COUNCIL REPORTS: a. Mayor Johnston b. Councilmember Conlin c. Councilmember DeLapp d. Councilmember Johnson e. Councilmember Smith Lake Elmo City Council Meeting Minutes of June 21, 2005 AMENDED AND APPROVED: 07/05/06 Mayor Johnston called the meeting to order at 7:00 p.m. in the Council Chambers of City Hall, PRESENT: Johnston, Smith, Conlin, Johnson, DeLapp, City Engineer Prew, City Attorney Filla, Finance Director Tom Bouthilet, City Planner Dillerud, Administrator Rafferty and Recording Secretary Schaffel. 1. AGENDA Administrator Rafferty asked to move 55th Street to 3C and added Met Council Update to 11B, Mayor Johnston moved Ramsey Center for the Arts from 60 to 3D. Item 5B, Bonding, will await the arrival of the consultant. MIS/P, Johnson/Smith, to approve the June 21, 2005 City Council Agenda, as amended. (Motion passed 4-1), 2. MINUTES of JUNE 7. 2005 M/S/P, Johnson/Smith, To accept the Minutes of June 7, 2005 as presented. (Motion passed 5-0) 3. PUBLIC INOUIRIES/INFORMATIONAL A. PUBLIC INQUIRIES _Brenda Jo Carlson of Hidden Bay Trail expressed concern for rapid growth and loss of rural setting. She said she was speaking on behalf of 40 residents who are concerned for sewer and water coining. The residents do not want City water and City sewer. She said they did not receive sufficient notice of the proposed public works and water tower, B. PUBLIC INFORMATIONAL (1) Xcel Flv Ash Disnosal Landfill Site Selection The City Planner said he serves on the committee formed by Xcel to assist in locating a site to deposit fly ash generated by the King Power Plant. The Oak Park Heights facility will run out of room within five years. King will double output of fly ash within that timeframe too. The two sites being reviewed in Lake Elmo are the Shafer Mine and the Hammes Mine. Failure analysis says the cell will be good from 20 to 50 years but cannot guarantee it thereafter. Councilmember DeLapp said a presentation was made to the county planning commission, and Xcel did not mention the liner until the end of their presentation. He said the fly ash to be buried will have substantially higher amounts of mercury and other heavy metals because superior pollution control equipment will capture much more of these byproducts that are currently part of the smokestack emissions. The railroad through Lake Elrno will be busier because twice as much coal will be needed. There will be 30 trucks per day to deliver it to the landfill site. The Planner said that fly ash can be treated for marketability but it costs money. If it is dry treated, fly ash is mixed with lime and sprayed into stacks to remove the sulfur. Then fly ash and lime soaked with sulfur are placed into the landfill. Wet scrubbing is 100% lime. Lime mixed with sulfur creates gypsum which is marketable. Mayor Johnston said two landfill sites in Lake Elmo have gone awry contaminating groundwater, and the Council does not want another hazardous waste dump in the City. Councilmember Conlin suggested the Council speak out on the record that the committee was not given enough data on the alternatives. Lake Elmo City Council Meeting Minutes of June 21, 2005 2 AMENDED AND APPROVED: 07105/05 Administrator Rafferty said the plan needs further review, and every elected body needs to come forward to say they have not done enough research. He suggested a resolution from the City Council, and afterward, development of a strategy to build a team to bring pressure to bear. MIS/P, Johnston/Conlin, To draft a resolution stating that it is the belief of the City council that the necessary work/disclosure have not occurred with relation to the site, the site should not be selected until the science is done, that the City Council strongly believes that siting of one or more fly ash dump sites in one or more locations of Washington County cannot be taken in isolation for quality of life considerations, (Motion passed: 5 — 0). C. PUBLIC HEARING: 55th STREET VACATION The Planner explained that the conditions of title work and legalities have been met for the vacation of 55' Street. A property owner on the north side asked for reconsideration which shortens the amount of road to be vacated, The City Attorney said he examined titles and reviewed easements to be conveyed to the City. He said the documents must be signed and notarized, and that can be done at City hall. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:44 P.M. Kathleen Haggard thanked council and staff for accommodating the residents, THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:45 P.M. Several council members offered thanks to those community members who worked so conscientiously to reach the final agreement. M/S/P, Smith/Johnston, to adopt Resolution No. 2005-058, rescinding Resolution 2004- , and approving the vacation of 55" Street North. (Motion passed 5 — 0). D. RAMSEY CENTER FOR THE ARTS Robert Meyer, Director of Ramsey Center for the Arts, said they would like to move their operations to the City in the Siedow house adjacent to Lions Park, Councilmember DeLapp asked how accessibility issues will be addressed. Approaches include two ramps allowing first floor accessibility. Mr. Meyer said he has little doubt that problem will be solved. Several councilmembers expressed hope that this operation would meet a need in the City for an active arts community program. M/S/P, DeLapp/Johnston, to authorize and direct the Mayor and Administrator to enter negotiations for a lease agreement with the Ramsey Center for the Arts on the Siedow house. (Motion passed 5-0). 4. CONSENT AGENDA A. Resolution No.2005-011: Approving Claims B. Fire Department Compensation C. Sachs Settlement Agreement MIS/P, Johnson/Conlin, to accept and approve Items 4a, 4b, and 4c as presented. (Motion passed 5 0). Lake Elmo City Council Meeting Minutes of June 21, 2005 AMENDED AND APPROVED: 07/05/05 5. FINANCE A. Monthly Operating Report Finance Director Bouthilet said 38% of the budget has been expended though we are 50% through the year. 6. NEW BUSINESS A. Housing for Disabled in Old Village Administrator Rafferty said an item incorporated into our Comprehensive Plan was housing for disabled persons in the Old Village, and to somehow encourage that concept in an overall development scheme, Council Committee heard it at their last meeting. Mayor Johnston said costs and limitations must be explored and Council must establish a policy for it. Now is the appropriate time to start a formal evaluation process. Two residents came forth to speak. One was Susan Kane who said they both of them are special needs parents. She asked for a resolution tonight to continue discussion with Council and staff. Katherine Paulson, Housing Project Manager for Two Rivers Land Trust Ms. Paulson said the Land Trust takes donated land that will be preserved for the purpose it is established. They are researching legal mechanisms to do that. They are looking for lands to be donated for housing for people who are disabled. Councilmember DeLapp said many components to Old Village development such as arts, housing for disabled and elderly, charter or elementary school, library, etc. should all be added to the discussions. Administrator Rafferty said in a meeting last fall with Old Village landowners they received input for getting a Master Planner. Within one month staff should have input from those four residents to help facilitate this type of planning. M/S/P, Johnston/Conlin, To direct staff to enter discussions with groups present and developers to define a proposal to be brought back to Council for addressing housing for disabled people in the Old Village, (Motion passed 5 — 0). MIS/P, Johnston/Conlin, To direct staff to meet with both groups to come back with some sort of proposal and inquire of developers. (Motion passed 5-0) M/S/P, Conlin/Johnson, To direct staff to define the role of Master Planner and how it would work and bring it back to Council for how it will be managed for the Old Village. (Motion passed 5 0). B. St. Croix Familv Center M/S/P, Smith/Conlin, to direct staff to evaluate and research a site for a family center in Lake Elmo. (Motion passed 5-0). B. Water Expansion MOVED TO LATER IN AGENDA i. Bonding: Resolution No. 2005-056 Paul Donna said the City is looking for a bond issue of $4,600,000. Minnesota Statute 444 allows the City to raise charges of the water utility to cover 100% of the bond. The agreement Lake Elmo City Council Meeting Minutes of June 21, 2005 4 AMENDED AND APPROVED: 07/05/05 means the City is pledging to levy taxes if there is a deficiency to meet debt service. Structure of the issue is a 25 year term. The yield curve is flat now. A prepayment feature after 8 years is built into this bond. Given the revenue stream, they estimated interest of 4.5%. He would like to be permitted to bring the bond issue to market and return to the second meeting in July, Then the City can lock in interest rates. Administrator Rafferty said the staging plan is from the Comprehensive Plan. He said no money is being borrowed for the south. Instead we will reuse the dollars again or we prepay and eliminate the debt. The design of this bond is provide maximum flexibility to make public improvements in the water system over time. M/S/P, Johnson/Conlin to adopt Resolution 2005-056. (Motion passed 5 — 0). 7. MAINTENANCE/PARK/FIRE/BUILDING A. Fire Department Tanker/Purnper Purchase Chief Malmquist said he met with Council Committee and now would like to advertise for bids the tanker/pumper purchase. The City has been working on this project for over one year. The purchase has been in the CIP for a few years. This combination emergency vehicle is suitable for present and future needs. M/S/P, Johnson/Smith, To authorize the bid process to acquire a Fire Department Pumper/Tanker Truck. (Motion passed 5 - 0). B. -Update on Building Activities: Jim McNamara The Building Official presented an update on May construction activity. Wet weather slowed activity in May. The alarm system for the Carriage Station Septic System worked perfectly during the power outage. 9. PLANNING, LAND USE & ZONING 9 B. Comn Plan Amendment, Rezone, CUP, Variance, and Site Plan for City Public Works/Water Tower The Planner said the planning commission had a public hearing and adopted recommendations for a maintenance facility and water storage facility at the northeast corner of Highway 5 and Ideal Avenue. The City Council might make a special request to the county to address the issue of speed on Ideal Avenue. 10 employees will work at this site and a small amount of truck traffic in and out. One of the features of the site plan is that development around this site is anticipated so the facility will be well screened. The City Attorney said the Parcel A legal description and easement area are subject to modification by Washington County Examiner of Titles because there is a disagreement between the surveyor and the Examiner of Titles. Councilmember Johnson said she would like to review speed and traffic issues again after the Comprehensive Plan issues are finished. Barb Walsh, Resident Ms. Walsh said she is concerned for the traffic and the bike trail. She said she cannot believe 500,000 gallons of water will not drain the aquifer. She asked that all permits be applied for. She is concerned for water runoff. Lake Elmo City Council Meeting Minutes ofJune 21, 2005 AMENDED AND APPROVED: 07/05/05 The City Engineer said the water appropriations permit is updated annually, 500,000 gallons is storage volume related to how much the City uses which is about 66,000,000 gallons per year. Probably get a new permit with the comp plan as a formality. He said an MPCA and VBWD permit will be necessary. Runoff goes to holding ponds on the site and the drainage way for overflow is across Imation and over Wildflower Shores. The City's wells are located in the Old Village and at Carriage Station. He said the water tower will have no impact on neighboring wells. MJS/P, Conlin/DeLapp, to adopt Resolution No. 2005-059 approving a Comprehensive Plan Amendment to reguide the parcel from RAD to PF. (Motion passed 5 — 0) M/S/P, Conlin/DeLapp, Ordinance No. 97-159 to rezone the parcel from RR to PF. (Motion passed 5 — 0), M/S/P, Johnson/Conlin, Resolution No, 2005-060 approving a Conditional Use Permit to allow construction of a Public Works/Parks Garage and a water tower on the site. (Motion passed 5 — 0). M/S/P, DeLapp/Johnson, Resolution No. 2005-061 approving a variance to allow metal siding as a primary material on the Public Works building. (Motion passed 5 — 0). M/S/P, Johnson/Conlin, Resolution No. 2005-062 approving the Site Plan for the Public Works parcel. (Motion passed 5-0). 9C. Minor Subdivision of City of Lake Elmo/3M Company parcel M/S/P, DeLapp/Smith, to adopt Resolution No. 2005-063 approving the division of an existing 175 acre parcel into parcels of approximately 7.5 acres and 168,3 acres. (Motion passed 5-0). 9D. Final Plat and Development Aareement — CARDINAL VIEW The Planner said one element of the Development Agreement for CARDINAL VIEW is Public Use Dedication. The appraiser determined the predevelopment value of the property and code specifies 7% of that value. In this case it is fee in lieu of land. This property results in $45,000 of fee, which amounts to $6,000 to $7,000 per lot. CARDINAL RIDGE by the same developer came to between S3,000 - $4,000 per lot. The developer said this fee puts an unfair burden on the small lot subdivision because other contemporary developments are less money per lot. The City Attorney said that most developments have sites for neighborhood parks and significant areas of open space. This development has neither. Tom Wiener Mr. Wiener said he received no bonuses for extra lots. He does not dispute the value of the land. He questions why these residents are going to have more impact on the park than other residents. The City Attorney said the laws have changed. Public Use Dedication can be appealed to the Council within 60 days. M/S/P, Johnson/Conlin, to adopt Resolution No. 2005-064 approving the Final Plat and Development Agreement of CARDINAL VIEW. (Motion passed 5-0). Lake Elmo City Council Meeting Minutes of June 21, 2005 AMENDED AND APPROVED: 07/05/05 9E Extended Work Hours for Construction in TAPESTRY The City Planner presented the problem encountered by the developers of TAPESTRY. Equipment was on site but could not be used until the septic permit was granted. That resulted in a delay of 50 days. They are requesting a change in working hours for 50 days. MIS/P, Smith/DeLapp, to approve extended working hours to allow work to continue until 8:30 p.m. on weekdays and to allow work from 1:00 to 5:00 p.m. on Saturday until July 25. (Motion Passed: 5-0). The Mayor called a recess at 9:37 p.m. and reconvened at 9:43 p.m. Councilmember Conlin suggested drafting a formal letter of complaint to MPCA that the ripple effect of MPCA's significant delay will cause noise pollution and other problems in Lake Elmo, The Planner said he will draft a letter because a six month lead time has been a regular occurrence on constructed wetland treatment systems. 8. CITY ENGINEER'S REPORT A. Water Expansion Proiect Update — Verbal i. Lateral Charges The City Engineer said this part of the water project deals with the Tapestry area and over to Jamaca. Staff wanted to create a method and a plan for the water main extension. The City will recoup up front costs when residents want to hook up to the water main. Costs will remain in the project file for the list of properties with WAC fees determined. Administrator Rafferty said there are people who want to connect now. It is a voluntary system if they choose to connect today, a 429 hearing will be held and residents will be incentivized. They can be assessed to pay the cost over several years if they volunteer to hook up immediately. The project from 391h to Tapestry has a different cost than the other part of the project. The cost per foot is $30.08 for the first project. Undeveloped rural properties with about 150 feet of frontage was the average arrived at, The cost will be $4,512 per lot to hook up. Estimated number of lots would be 41. If all hooked up the City will collect about 50% of the costs. The Engineer said the second project area is Tapestry to Jamaca. The cost per foot is $45,75, The assumed average of 125 feet lot width and cost per lot would be $5,718.00. There are 33 lots between Jamaca and Tapestry. If all hooked up, the City will collect about 50% of the costs. This project is under the road so the cost is a little higher. The City is taking the time to extend water service out to the houses now so the road will not have to be dug up each time someone wishes to hook up in the future. M/S/P, Johnson/DeLapp, to approve the proposed Lateral Connection Charge method for the 2005 Water Projects, to authorize staff to prepare a project worksheet for the first two water main trunk projects and a notification letter informing property owners of the voluntary connection opportunity consistent with the approved lateral connection policy. (Motion passed 5-0). B. Partial Payment Request No. 1: Chris Riley, Resolution No. 2005-057 The City Engineer said the first payment is now being requested. Construction has been delayed due to the weather. M/S/P, Conlin/DeLapp, to adopt Resolution No. 2005-057 approving Partial Payment No. 1 to Lake Elmo City Council Meeting Minutes of June 21, 2005 7 AMENDED AND APPROVED: 07/05/05 Chris Riley in the amount of $117,848.36 for Phase I Water Improvements. (Motion passed 5- 0). 10. CITY ATTORNEY'S REPORT: A. Code change adding (2) alternates to the Community Improvement Commission: Resolution No. 2005-065 MIS/P, Johnson/Smith, to adopt Resolution No. 2005-065 adding two alternates to the Community Improvement Commission. (Motion passed 5-0). 11. CITY ADMINISTRATOR'S REPORT: A. Public Works Building M!S/P, Smith/Johnson, to authorize TKDA to proceed with the plan specification and bidding for the Public Works Building on the 3M site. (Motion passed 5 — 0). B. Met Council Update and Action Required and Report on MOU Clarification Meeting The mayor said we are at risk of losing our MOU unless we get an extension of our submission date. State statute allows for us to do that. He said the clarification team had two Met Council meetings this week, Administrator Rafferty said the team for clarification met about some commentary Met Council made about our draft Comprehensive Plan. The area of concern is related to persons per dwelling unit. Metropolitan Council is concerned the City will have enough units built and achieve population growth of 24,000, RECs of 6600, and what could happen north of 10th Street. Another concern is Metropolitan Council's investment into infrastructure and our staging approach for connecting sewered units, and that the City would not be moving fast enough. The extension time period has passed for distribution to other comnmnities, and we did not meet our June 15 deadline either. Lake Elmo's intent is to follow and achieve that MOU agreement. There are two performance standards within that agreement we have to meet. He summarized the four key issues in a handout. To meet the difference between what was planned for and what the Met Council expects, the team came up with a strategy of looking at ways of creating another 670 units. The Planner said the chair agreed there was no reserve of 1 per 10 acres north of 10th Street. Then they came back with an 800 acre reserve of 1 per 10, Administrator Rafferty said Met Council does not believe we can meet population and number of units so they requested a reserve for it. City Planner said the team sorted out what was relayed yesterday and came up with one possible solution for presentation to City Council. Met Council does not want the City to mention persons per dwelling units in the plan. He discussed methods for generating the necessary dwelling units. He said the new staging plan would accelerate development south of 10th Street by one year which results in a bulge in new dwelling units from 2012 through 2015. Administrator Rafferty aid the mayor, administrator, and planner were not authorized to negotiate. The administrator said the City needs to come up with a proposal on its own terms in the best interest of Lake Elmo that will serve our planning requirement. If we don't, Met Council may formulate their position and we could be trying to move them off that position. There is nothing new in this approach. He said he believes it to be a mistake to accept a reserve and be judged every five years. Lake Elmo City Council Meeting Minutes dilute 21, 2005 AMENDED AND APPROVED: 07/05/05 The City Attorney said the Supreme Court decision in a short paragraph at the end said the Met Council has the authority to force us to put in 7850 RECs. The Mayor said the Met Council approved the MOU. The City Attorney said the City of Lake Elmo resolution said the MOU was never completely finalized. We voted this would be a set of guidelines for our decisions. Met Council can go back to district court in Washington County to require us to have 7850 RECs, It is not the binding contract you think it is. It is criteria for discussion. The Planner said the Planning Corrunission recommendation entailed a similar look as this evening with the three buckets of OV, RAD2 and OP. 450 units were spread across the three buckets. The council already took one of the buckets for the Old Village. We still have RAD2 and OP. Councilmember Conlin said the public heard that approach and we should look at that approach. Councilmember Smith said she agrees with Councilmember Conlin. Because we lost the Old Village bucket the team came up with the 3M remnant parcel for RAD2. Administrator Rafferty said the third issue was post 2030 RECs. We had the opportunity in Number 9 of the MOU for a cushion. He recommended the City take the position we maintain the MOU language. We should come up with reasonably achieved dates, put in extension language, and give staff authority to draft a proposal that will address the Comp Plan consistent with discussions and plans. MOP, DeLapp/Conlin, To not accept the Met Council discussion of bringing extra RECs into Lake Elmo post 2030. The City should take the team recommended position and standby Number 9 of the MOU. (Motion Passed: 5-0). M/S/P, Johnson/DeLapp, For the clarification group to determine the extension timeline working with the City Attorney to draft the agreement, and the agreement will include a provision that a decision by the Met Council should not send the City into default on the time table. Councilmember Conlin said we should include language that the timetable was not met due to Met Council actions. (Motion passed 5-0). Councilmember Conlin suggested going back to Met Council adding the necessary units, and requesting a little time to determine where that will be located. M/S/P, Johnson/Johnston, to approve the Lake Elmo Option with 340 units in RAD2 and increasing OP to .45 without specifying locations. (Motion Passed 4-1, Nay: DeLapp we are not forced to do this in the MOU). M/S/P, Conlin/Johnston, to accept the Lake Elmo Option with the second item increasing from 1206 in 2015 up to 1650. The City Attorney said the City has the ability to require a parcel to hook up to sanitary sewer by a certain period. It could be a health issue. (Motion passed: 4 -1, Nay — DeLapp stated that the Council should have insisted that the compromise Comp. Plan be submitted as approved in April. The full Met Council would have Lake Elmo City Council Meeting Minutes ofiune 21, 2005 9 AMENDED AND APPROVED: 07/05/05 had to act on it and may well have overruled the Council staff as happened with Cardinal View. The City Council would also have had 3-4 months to lobby for support from surrounding cities and other reviewing authorities.) M/S/P, Johnson/Conlin, To grant the negotiating team authority to complete the agreement with the Metropolitan Council. The City Attorney said one of the reasons we did not violate the open meeting law was because the negotiating team did not have final authority. If they were granted that authority, the negotiating team would have to hold open meetings. Without authority they must bring it back to Council for final vote. M/S/F, DeLapp/Conlin, To limit debate, (Motion Failed 2-3, Nay- Smith, Johnston, Jo MOTION WITHDRAWN by Councilmember Johnson. on M/S/P, Johnson/DeLapp, to authorize staff to take the four issues passed and enter an agreement with the Met Council. (Motion Passed: 3-2, Nay- DeLapp/Smith - They would like to be present.) Adjourned 11:52 p.m. Respectfully submitted, Kimberly Sclra Recording Secretary Lake Elmo City Council Meeting Minutes ofJune 21, 2005 10 Lake Elmo Agenda Section: PUBLIC INFORMATIONAL No, A. City. Council July 19, 2005 Aorenda item: HUF.F"N PUFF PROCLAMATION, Non -Intoxicating Liquor License: Lake Elmo Jaycees Background Information for July -19, 2005: The Lake Elmo Jaycees are requesting the Council to proclaim August 1.1-14, 2005 as HufrN Puff Days, the official City celebration for 2005 and to urge all citizens of our community to give full regard to the past and continuing services of the Lake Elmo Jaycees. The Jaycees are requesting approval of their On -Sale Non -Intoxicating Malt Liquor License for its annual HufrN Puff festival, and to waive the fees for the liquor license and ballfield lights. Approval has been received from the Washington County Sheriff. Action Items: to proclaim August 11-1.4, 2005 as HufrN Puff Person responsible: Days, to approve an on -sale non -intoxicating malt liquor S.Lumby license for this annual festival based on approval of the Washington County Sheriff, and to waive the fees for the liquor license and for the ballfield lights. Attachments: Liquor License Application Form No. 235—Applieniion Por IleInn License iu Sell Non-Inioxicoring Mall Liquor "ON" Premises. Roy. II/Mr Coos Ilsoordo Corp, RETAIL ‘.1)N SALE" *tate of tnntot, COUNTY ...................... ...... ...... To tbe the „.. ....... .................. .,...... ...... State of MinnesOta: hereby a•ppl..je,a,./ar a, Buenas for the tOrin, of,. ..... ..,..... ...... FOur-Days ..... ..... ........ ,...., ............ .. ....... „......„----- ........ , ................. August 11 . Aviv to August. 1.1,,t AN. , , tO sell from the .. , At Retail Only, Non -Intoxicating Mat Liquors, 124 the -same aro defined by low, for-conaumption "ON" these-eertai* premises in City Lake Elmo described as folUmm, to-tait: ..... P,P.PflTIP.9J12UPAFk3-94 ... IP. (Beer Garden and Band Shell Area for street dance) Elmo attatich place Said applieant...„.operate......the business Of........ ..... ,G9g.q.A.T3—.9.0.—f9E.Aff!.Y ... ?NIT...Pays • and to that end represent and state, -as follows: That said applicant is. fl eitizen-.......of the Unite& States; of good moral character and repute; and ha... . .....attaine,c1 the ctge of 21 years; that proprietor, -...of the establishment for which, the license will be tented if this application is granted. That 7/4 raanufaoturer of suohnon-intarica,ting malt liquors has any ownership, in whole or in part, in said business of said applicant or any intenest therein; That said applicant malce„,...this application pursuant and subjed to all the laws of the State of Minnesota, and the ordinances ,,antl, regulsttiona -of „said ... applicable thereto, which. are hereby In,ado a part hereof, and luweby observe and obey the same; Mere state other requirement*, It nor, et local r'ettolerim;ei Each applicantfurther states that by the commencement of business and by July 1 of each succeeding year sold applicant will have paid the Federal Special Occupational Tax to the Bureau of Alcohol, Tobacco and Firearms for a retail dealer. Datel " Name) Lake Elmo Jaycees applioant„..„ P.O. Box 198 P. 0, addreas July 20. 2005 Mr. John EIIiolin Senior Planner Washington County Department of Transportation and Physical Development 11660 Myeron Road North Stillwater, MN 55082-9573 Subject: TEA-21 Application Safe Crossing of Highway 5 and the Railroad Tracks in Lake Elmo Dear Mr. Elhohn: On July 19, 2005. the Lake Elmo City Council adopted a motion authorizing this letter in support of the Washington County TEA-21 funding application for building, a safe crossing of 'Highway 5 and the railroad tracks adjacent to the Lake Elnio Park Reserve. These federal funds would allow construction of two tunnels, one under the railroad tracks and one under State Highway 5 (or one long tunnel or bridge if necessary) to connect residents and trails north of Highway 5 with the park and trails south of Highway 5, It is our understanding that the location would be along the north edge of the park, where the topography would hest allow a crossing in the City of Lake Elmo. In further support of this application. 1 would be available to provide any additional information or answer any questions those reviewim4 and evaluating this project may have. Thank you for your consideration and review of the TEA-21 Application for trail tunnels under Highway 5. Sincerely, Martin Rafferty City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-072 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 268, 269, DD463 through DD474, 27578 through 27605, were used for Staff Payroll dated July 71!, 2005; claims 27606 through 27659, in the total amount of S439,796.04 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 191!1 day ofJuly, 2005. ATTEST: Martin J. Rafferty City Administrator Dean A. Johnston Mayor Accounts Payable Computer Check Proof List User administrator Printed: 07/06/2005 - 153 PM Invoice No Description Vendor CHRISRIL Chris Riley Utilities, Inc. Res 2005-057 Phase I Water Main Improvements Check Total: Total for Check Run: Total Number of Checks: Amount Payment Date Acct Number Check Sequence: 1 117,848.36 07/07/2005 601-494-9400-46400 117,848.36 117,848.36 1 Reference ACH Enabled: No AP - Computer Check Proof List (07/06/2005 - 1:53 PM) Page 1 Accounts Payable Computer Check Proof List User: administrator Printed: 07/14/2005 - 3:50 PM Invoice No Description NONloth lido t iouoi 1,111, Amount Payment Date Acct Number Vendor:ACEHARD Ace Hardware Check Sequence: 1 4018 Trap -Parks 28.74 07/19/2005 101-450-5200-42400 5274 Lights - Recycle 10.62 07/19/2005 101-430-3100-44300 542006 Fin Charge 1.29 07/19/2005 101-430-3100-44300 5873 Repair parts - Water 32.71 07/19/2005 601-494-9400-42400 5875 Wire Connection - City Hall 4.57 07/19/2005 101-410-1940-42230 Check Total: 77.93 Reference ACH Enabled: No Vendor:ALLIED Allied Electrical Contractors Check Sequence: 2 ACH Enabled: No 4480 Dryer Wiring 600.00 07/19/2005 101-420-2220-44010 Check Total: 600.00 Vendor:AmeriMar ArneriMark Direct Check Sequence: 3 ACH Enabled: No 12507 Recycling materials 155.00 07/19/2005 101-430-3200-44300 Check Total: 155.00 Vendor. ANCOM ANCOM COMMUNICATIONS, INC. Check Sequence: 4 ACH Enabled: No 0000064141 Repair - Radio - Fire Dept. 200.97 07/19/2005 101-420-2220-43230 Check Total: 200.97 Vendor:ARAM Ararnark Check Sequence: 5 ACH Enabled: No 629-5753267 Linen - City Hall 50.84 07/19/2005 101-410-1940 11010 Check Total: 50.84 Vendor:BIFFS Riffs Inc. Check Sequence: 6 ACH Enabled; No W260404 Portable - Sunfish Lake Park 74.26 07/19/2005 101-450-5200-44120 W260405 Portable - Lions Park 148.52 07/19/2005 101-450-5200 11120 W260406 Portable - VFW Park 74.26 07/19/2005 101-450-5200-44120 W260407 Portable - DeMontreville Park 74.26 07/19/2005 101-450-5200-44120 W260408 Portable - Reid Park 74.26 07/19/2005 101-450-5200-44120 AP - Computer Check Proof List (07/14/2005 - 3:50 PM) Page 1 Invoice No W260409 W260410 W260411 Description Portable - Tablyn Park Portable - Pebble Park Portable - Stonegate Park Check Total: Vendor:BOUTHTOM ThornasBouthilet Rein*. Claim Reimbursement - Membership Check Total: Vendor:BRYAN 19665 Bryan Rock Products, Inc. Landscaping Materials - Parks Check Total: Vendor-. CARQUEST Car Quest 26076 Bulb, Oil - Public Works Check Total: Vendor:CENTPOW 20050630 316643 319225 F0013660 Vendor:CHRLSRIL Pmt.2 Phase 1 Century Power Equipment Fin Charge Chain for Saw - Public Works Chain for Saw - Fire Dept Chain Saw Check Total: Chris Riley Utilities, Inc. Partial Pmt #2 - Water Sys Interconnect Check Total: Vendor:COPYEVIAG Copy Images, Inc. 62027 Monthly Copier Maint. Check Total: Vend or:ELMOLUM 031314-01 Vendor:EXCELLCO 11013000869 Elmo's Lumber & P Zip Wax Check Total: EXCELLCOM Charger - Bldg Dept. Amount Payment Date Acct Number Reference 74.26 07/19/2005 74.26 07/19/2005 74.26 07/19/2005 668.34 101-450-5200 14120 101-450-5200-44120 101-450-5200-44120 Check Sequence: 7 125_00 07/19/2005 101-410-1520-44330 125.00 Check Sequence: 8 493.77 07/19/2005 101-450-5200-42250 493.77 4.98 07/19/2005 4.98 4.40 07/19/2005 29.71 07/19/2005 89.46 07/19/2005 288.95 07/19/2005 412.52 Check Sequence: 9 101-430-3100-42210 Check Sequence: 10 101-430-3100-44300 101-430-3100-42400 101-430-3100-42400 101-430-3100-42400 Check Sequence: 11 56,169.34 07/19/2005 601-494-9400-46400 56,169.34 Check Sequence: 12 255.60 07/19/2005 101410-1940-44040 255.60 Check Sequence: 13 8.50 07/19/2005 101-420-2220-42230 8.50 Check Sequence: 14 31.94 07/19/2005 101-420-2400-43210 ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (07/14/2005 - 3:50 PM) Page 2 Invoice No Vendor:FARMERS 141372 141372 Vendor GENESIS IVC00616 1VC00626 IVC00626 IVC00658 1VC00665 VendorPIAGBERGS Account 10 Vendor:IAFCREG Cohen, B. VendonLEADER 1000056653 Vendor:LEOIL B01203 S01203 S01208 Vendor LINNER 17460 Vendor:MALMQ Claim 06/30/05 Description Check Total - Farmers Union Co -Op Oil Fuel - Bldg Dept Car Wash - Bldg Dept Check Total: Next Genesis Productions Web Site Development Web Site Development Monthly Support - July 2005 Web Site Development Web Site Development Check Total: Hagbergs Country Market City Hall Supplies Check Total: IAFC ConL Reg. for Bruce Cohen Check Total: Lake Elmo Leader Supscription LE Leader Check Total: Lake Elmo Oil, Inc. Bulk Fuel - Public Works Fuel - Fire Dept Fuel - Parks Check Total: Linner Electric Company, Inc. Lights Repair - Pebble Park Check Total: GregMalmquist Water Amount Payment Date Acct Number 31.94 87.20 07/19/2005 7.51 07/19/2005 94.71 3,412.50 07/19/2005 600.00 07/19/2005 900.00 07/19/2005 1,500.00 07/19/2005 300.00 07/19/2005 6,712.50 Check Sequence: 15 101-420-2400-42120 101-420-2400-44040 Check Sequence: 16 101-410-1320-43090 101-410-1320-43090 101-410-1520-43180 101-410-1320-43090 101-410-1320-43090 Check Sequence: 17 26.68 07/19/2005 101-410-1940-44300 26.68 Check Sequence: 18 495.00 07/19/2005 101-420-2220-44370 495.00 28.00 07/19/2005 28.00 1,032.20 07/19/2005 289.23 07/19/2005 125.31 07/19/2005 1,446.74 Check Sequence: 19 101-410-1320 11330 Check Sequence: 20 101-430-3100-42120 101-420-2220-42120 101-450-5200-42120 Check Sequence: 21 322.00 07/19/2005 101-450-5200-44030 322.00 Check Sequence: 22 16.96 07/19/2005 101-420-2220-44300 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (07/14/2005 - 3:50 PM) Page 3 Invoice No Claim 07/07/05 Vendor.MARONEYS 105993 105993 105993 Vendor:MCLEOD 494940 494940 494940 Description Cleaning Supplies Check Total: Maroney's Sanitation, Inc Refuse - City Hall Refuse - Public Works Refuse - Parks Check Total: McLeod USA City Hall - credit 4259 Jamaca - Parks 11975 55th Street - Lift Station Check Total: Vendor:MENARDST Menards - Stillwater 80770 Fire/Rescue Blades Check Total: Vendor:METROCA 02316745 Metrocall Inc. Pagers - Fire Dept. Check Total: Vendor:MILLEREX Miller Excavating, Inc. 10706 Grading Check Total: Vendor:MNSTATET MN State Treasurer Q2 Bldg Surcharge Pmts for 2nd Quarter Check Total: Vendor:Natl Wat 2514842 Vendor: OAXDALE 1000039700 1000046000 National Waterworks Meter and flange kits Check Total: City of Oakdale Water - North Pit Water- South Pit Amount Payment Date 44.15 07/19/2005 61.11 95.89 07/19/2005 158.49 07/19/2005 183.96 07/19/2005 438.34 -117.46 07/19/2005 117.32 07/19/2005 55.05 07/19/2005 54.91 42.97 07/19/2005 42,97 82.77 07/19/2005 82.77 367.42 07/19/2005 367.42 3,194.04 07/19/2005 3,194.04 506.94 07/19/2005 506.94 1,537.56 07/19/2005 5,844.86 07/19/2005 Acet Number Reference I 01-420-2220-44300 Check Sequence: 23 101-410-1940-43840 101-430-3100-43840 101-450-5200-43840 Check Sequence: 24 101-410-1940-43210 101-450-5200-43210 601-494-9400-43210 Check Sequence: 25 101-420-2220-42400 Check Sequence: 26 101-420-2220-43210 Check Sequence: 27 101-430-3100-43150 Check Sequence: 28 101-420-2400-43060 Check Sequence: 29 601-494-9400-42300 Check Sequence: 30 601-494-9400-43820 601-494-9400-43820 ACH Enable& No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (07/14/2005 - 3:50 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 7,3 82.42 Vendor:ONECALL Gopher State One-CallOne Call Concepts, IncCheck Sequence: 31 ACH Enabled: No 5060505 Line Locates 222.60 07/19/2005 101-430-3100-44300 Check Total: 222.60 Vendor.PELNAR KathiPelnar Check Sequence: 32 ACH Enabled: No June 2005 Animal Control 505.52 07/19/2005 101-420-2700-43150 Check Total: 505.52 Vendor:POSTOFFI POSTMASTER Check Sequence: 33 ACH Enabled: No Newsletter - Au Postage - August Newsletter 37830 07/19/2005 101-410-1320-43220 Check Total: 378.30 Vendor:PRESS StevenPress Check Sequence: 34 ACH Enabled: No 07052005 Cablecast - City Council Mtg 54.00 07/19/2005 101-410-1320-43620 07112005 Cablecast - Planning Counu. Mtg 54.00 07/19/2005 101-410-1910-43620 Check Total: 108.00 Vendor.QUANTUM Quantum Digital Imaging Check Sequence: 35 ACH Enabled: No 36388 Comp. Plan 31.49 07/19/2005 101-410-1910-43020 Check Total: 31.49 VendorQUICKSI Quicksilver Check Sequence: 36 ACH Enabled: No 6245099 Courier - Met Council 20.32 07/19/2005 101-410-1910-44300 Check Total: 20.32 Vendor:RAFFERTY Martin Rafferty Check Sequence: 37 ACH Enabled: No Reim. Claim Reimbursement - Membership 125.00 07/19/2005 101-410-1320-44330 Check Total: 125.00 Vendor:REGIONSH Regions Hospital Check Sequence: 38 ACH Enabled: No 762983 Fire Dept Training 1,740.00 07/19/2005 101-420-2220-44370 Check Total: 1,740.00 Vendor:Rivertwn RiverTown Newspaper Group Check Sequence: 39 ACH Enabled: No 50035963 Legal Publ. June 2005 190.26 07/19/2005 101-410-1320-43510 AP - Computer Check Proof List (07/14/2005 - 3:50 PM) Page 5 Invoice No Description Check Total: Amount Payment Date Acct Number 190.26 Vendor:ROGERS Rogers Printing Services Check Sequence: 40 12735 Utility Invoices 164.01 07/19/2005 601-494-9400-42000 Check Total: 164.01 Vendor:RUD DianePrince-Rud Check Sequence: 41 07/05-07/13 Cleaning City Hall 240.00 07/19/2005 101-410-1940-44010 07/05-07/13 Cleaning Fire Hall 240.00 07/19/2005 101-420-2220-44010 9096 Windex, Lysol, Bags, Air Fresheners 25.06 07/19/2005 101-410-1940-42110 Check Total: 505.06 Reference ACH Enabled: No ACH Enabled: No Vendor.S&T S&T Office Products, Inc. Check Sequence: 42 ACH Enabled: No 01KB9515 Notary Stamp - Carole Freeman 35.09 07/19/2005 101-410-1320-42000 Check Total: 35.09 Vendor:SACHSJR Richard Sachs, Jr Check Sequence: 43 ACH Enabled: No Release Agrmt Release Agreement Payoff 19,251.00 07/19/2005 101-420-2220-44300 Check Total: 19,251.00 Vendor:SIGNALPR Signal Pro Equipment Check Sequence: 44 ACH Enabled: No 2432 Head for weedeater 3 8.77 07/19/2005 101-450-5200-42210 Check Total: 38.77 Vendor: SMOKE SMOKE EATER Check Sequence: 45 ACH Enabled: No 2005 Renewal Subscription Renewal 154.00 07/19/2005 101-420-2220-44330 Check Total: 154.00 Vendor Streiche STREICHER'S Check Sequence: 46 ACH Enabled: No 1279256 Tab - Service Since 14.80 07/19/2005 101-420-2220-44170 Check Total: 14.80 Vendor:TASCH T.A. Schifsky & Sons Check Sequence: 47 ACH Enabled: No 36352 Asphalt mix 268.77 07/19/2005 101-430-3100-42240 36468 Asphalt mix 38.36 07/19/2005 101-430-3100-42240 Check Total: 307.13 AP - Computer Check Proof List (07/14/2005 - 3:50 PM) Page 6 Invoice No Description Vendor:TESSMAN Tessman Company S058982-IN Chemicals - Parks S058982-1N Loppers - Parks Check Total: Vendor:TWINCIT Twin City Water Clinic, Inc. 1576 Bacteria Analysis - June 2005 Check Total: Vendor:UNTRENNW United Rentals Northwest, Inc. 49326673-001 Pumping supplies Check Total: Amount Payment Date Acct Number Check Sequence: 48 450.77 07/19/2005 101-450-5200-42160 105.38 07/19/2005 101-450-5200-42160 556.15 20.00 07/19/2005 20.00 86.89 07/19/2005 86.89 Check Sequence: 49 601-494-9400-43030 Check Sequence: 50 601-494-9400-42400 Vendor. VISALE VISA Check Sequence: 51 ..8040 Noise Meter - Bldg Dept. 156.95 07/19/2005 101-420-2400-45800 Check Total: 156.95 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Vendor: WAS-SHER Washington County Check Sequence: 52 ACH Enabled: No 44094 Law Enforcement Contract Jul -Dec 2004 176,910.71 07/19/2005 101-420-2100-43150 Check Total: 176,910.71 Reissue — already approved. Vendor:XCEL Xcel Energy Check Sequence: 53 ACH Enabled: No 32332671 2759 Legion - Public Works 12.42 07/19/2005 101-430-3100-43810 32443165 City Hall 425.44 07/19/2005 101-410-1940-43810 32460852 Traffic Lights - 9981nwood 33.73 07/19/2005 101-430-3160-43810 32468739 3585 Laverne 46.14 07/19/2005 101-410-1940-43810 32471450 11062 34th St 13.92 07/19/2005 602-495-9450-43810 32486596 3510 Laverne - Fire Hall 165.78 07/19/2005 101-420-2220-43810 32493610 3511 Laverne - Fire Hall 28.36 07/19/2005 101-420-2220-43810 32501602 3675 Layton 7.90 07/19/2005 101-450-5200-43810 32502151 Traffic Lights - Manning & Stillwater 26.32 07/19/2005 101-430-3160- 43810 32610597 Tennis Courts 14.00 07/19/2005 101-450-5200-43810 32618286 11194 Upper 33rd - Parks 33.05 07/19/2005 101-450-5200-43810 32622324 4259 Jamaca - Public Works 145.65 07/19/2005 101-430-3100-43810 32781615 Pebble Park 8.86 07/19/2005 101-450-5200-43810 33094948 City Lights 1,612.84 07/19/2005 101-430-3160-43810 33204709 Lift Stations at 3303 Langly/11975 55th 982.49 07/19/2005 601-494-9400-43810 33249931 Traffic at Inwood/I94 27.16 07/19/2005 101-430-3160-43810 33249931 Softball Field 176.89 07/19/2005 101-450-5200-43810 33249931 Lift Station at 8860 Hudson 54.84 07/19/2005 602-495-9450-43810 AP - Computer Check Proof List (07/14/2005 - 3:50 PM) Page 7 Invoke No Description Amount Payment Date Acct Number Reference Check Total: 3,815.79 Total for Check Run: Total Number of Checks: 285,849.12 53 AP - Computer Check Proof List (07/14/2005 - 3:50 PM) Page 8 -14-2005 12: :Y3 TI 17,51 292 aae3 P 02 #/./6/ July 14, 2005 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: nt o. 2 Water Sytern Interconnect - Phase I City of Lake Elmo, Minnesota T tAProjectNo. 13186.000 ENGINEPLANINIFIIS 1500 prJtty P 444 Cedar Street Saint Paul, MN 55101-2140 Dear Mayor and City Council: All of the pipe is now in on this project, Final connections and clean-up is underway, City Council Action Requested Approve P I Payment No. 2 in the sount of $56,169.34, Sincerely, Thomas D. Prew, P.E. City Engineer TDP:art Enclosures An Employee Owned Company Promo(rop Affirmative Aclion am! Equal OpportuniTy (651) 292-4400 (551) 292-0083 Fax www.tkda corn CiTYOFLAKEEL 0 WAS. INGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-073 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 2 TO CH S LEY UTILITIES, INC. FOR WATER SYSTEM INTERCONNECT — PHASE I BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 2 to Chris Riley Utilities, Inc. in the amount of $56,169.34 for work improvements to the Water System Interconnect Project — Phase I, verified by the City Engineer in his memo dated July 14, 2005. ADOPTED by the Lake Elmo City Council the 19th day of June, 2005. Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator JUL-14-2 12:09 TOP .PLAIME4 nor Project. No. 13186.000.002 Cert. No. $t, Paul, MN, July 7 To City of Lake Elmo. Minnesota 651 292 0063 P. 03 f--1) r • 1500 Pipet J Wray Plaza 444 Cedar Strezt Saint Paul, MN 55101-2140 (651) 202-4400 (651) 2024081 Fax www.1k0a.corn 20 05 Owner This Certifies that Chris Rilev Utilities, Xno. , Contractor For Water System Interconnect - Phase 1 Is entitled to Piftv-,Six Thousand One Hundred Sixt-v-Nine Dollars and 34/100 ----- ($ 56.169,34 1 being 2nd estimate for partial payment on contract with you dated .Aril 5 , 2005 Received payment in full of above Catificate, TKDA • Contract price phis extras All previous parirnts All previous credits Dila No, 11 ro 11 It Y It 11 Credit No, 11 II OF Chris Riley Utilities, Inc. , 20 RECAPITULATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS CREDITS 348,626.18 AMOUNT OF THIS CERTIFICATE Totals There will rennin unpaid on contract after payment or this Certificate $ 117,848,36 56,169.34. 348,626.18 $ 174,017.70 $ 174,608.48 348 626.18 I $ 348'426.18 I $ An Employe OwilCd Company Promoting AffianatIre Action and Equal Opportunity JUL-14-2005 12:09 651 292 00E43 P.04 TKDR TKDA Engineers -Architects -Planners Saint Paul, Minnesota 55101 PERIODICAL, ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 2 Period Ending July 7 20 05 Pagel of 1 Project. No, 13181,000.002 Contractor Chris Rilev Inc. Original Contract Amount $348.62618 Project Water System Interconnect Phase I Location City of Lake Elmo. Minnesota Total Contract Work Completed $ )83,176.53 Total Approved Credits $ 0.00 Total Approved Extra Work Completed 0.00 Approved Extra Orders Amount Completed $ 0,00 Total Arnoimt Earned This Esti= 183,176.53 Less Approved Credits $ 0.00 Less 5 % 1Ketained $ 9,158,83 Tress Previous Payments $ 117,848.36 Total Deductions S 127,007.19 Amount Due This Estimate Date July 7, 2005 $6,169,34 651 292 0003 P.05 JUL-14-2005 12;09 ESTIMATE NO. 2 TKDA WATER SYSTEM INTERCONNECT - PHASE I CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 13186.000 ITEM NO. DESCRIPTION BASE BID PERIOD ENDING: CONTRACT QUANTITY UNIT UNIT QUANTITY TO DATE PRICE AMOUNT TO DATE 1 MOBILIZATION LS 1.0 - $ 15,000.00 $ - 2 REMOVE & DISPOSE OF 817. PAVEMENT SY 210.0 - $ 6,00 $ - 3 SAW CUT BIT. PAVEMENT LF 75,0 - $ 1,00 $ - 4 PATCH BIT, PAVEMENT 4" THICK SY 210,0 - $ 18,00 $ - 5 REMOVE & REPLACE CMP CULVERT LF 70.0 - $ 12.00 $ - 6 SEEDING, INCL. SEED, FERTILIZER & WOOD FIBER BLANKET SY 900,0 - $ 1.50 $ - 7 SODDING TYPE LAWN SY 200.0 - $ 2.50 $ 8 GL-5 TN 30.0 $ 9.00 $ - 9 BIT. PAVEMENT FOR DRIVEWAY 2" DEPTH TN 154.0 - $ 50,00 $ 10 CONNECT TO EXIST, WATERMAIN EA 1.0 - $ 1,200,00 $ 11 6" DIP GL-02 WATERMAIN LF 42,0 10,0 $ 33.82 $ 608.78 12 8' DIP CL-50 WATERMAIN LF 15.0 - $ 45.96 $ 13 >JtR. ©RILL 16" (DIP) HDPE OR 17 LF 6.849,0 3,960.0 $ 40.48 $ 180,300.80 14 B" RES. SEAT GATE VALVE & BOX EA 6,0 4,0 $ 888.42 $ 3,553,68 15 6' RES, SEAT GATE VALVE & BOX EA 1.0 - $ 1,179.32 $ 16 10" BUTTERFLY VALVE & BOX EA 4.0 3.0 $ 2,610,97 $ 7,832,73 17 6" HYDRANT (7'-6" BURY) FA 8.0 4,0 $ 2,720.14 $ 10,880,56 113 MJ DIP COMPACT F17TINGS LB 4,109.0 - $ 3.00 $ 19 TYPE LV-3 BIT. NON -WEAR COURSE MIXTURE TN - - $ - $ 20 TYPE LV-4 BIT. WEAR COURSE MIX TN ' - - $ - $ - 21 BITUMINOUS MATERIAL FOR TACK COAT GA - - $ - $ 22 TOPSOIL BORROW CY - $ - $ - 23 SODDING SY - - $ - $ - TOTAL ESTIMATE NO. 2 $ 183,176.53 Lake Elmo City Council July 19, 2005 ion: CONSENT AGENDA No 4C. Agenda ltcm:_ Request for Meehan Family for an Extension of Time to Record Final Plat Torre Pines was given preliminary plat approval July 1998, and final plat approval for all but three lots in September 1998. The City was in:Conned at that time that Mr, Meehan would continue to live in the existil home on the 10 acres. and that the final plat for these four lots would not he done at this time. The Meehans are requesting another one-year extension. Our code allows for this extension, but requires Council approval on a yearly basis. The staff hasno concern with this request and supports the following action. Action Items: Person responsible: Motion: , Second , to grant the Meehan's a one- S. Lumby year extension of the Final Plat of Torre Pines, specifically the parcel now shown as Lot 15. Attachments: Time Allocated: Letter from Meehan Family 740 Marshall Avenue St, Paul, MN 55104 June 15, 2005 Martin Rafferty City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Dear Mr. Rafferty, I am writing to you on behalf of my brothers and sisters to request our annual extension of our final plat for the James Meehan property in Lake Elmo. The burdock that I've reported on annually to Ms. Kueffner is on the wane this year due to the grading my brother Tim did last year. The acreage of grass is now increasing. Later this summer we are removing the semi trailer, that our dad used for nursery storage. That should make things look even better. Sincerely, Patricia Meehan my 2005 Description Budget Current Ad Valorem Taxes 1,923,989 Fiscal Disparities 12,838 Liquor License 9,000 Wastehauler License 420 General Contractor License 175 Heating Contractor License 1,000 Building Permits 176,000 Surcharge 10,154 Heating Permits 9,0001 Plumbing Permits 7,0001 Sewer Permits 4,000' Animal License 1,500 Utility Permits 1,500 Burning Permit 1,200 Local Government Aid 1,375 MSA - Maintenance0: State Fire Aid 25,000; PERA Aid 1,500, Gravel Tax 4,000[ Recycling Grant 15,000 Cable Franchise Revenue 0 11 Zoning & Subdivision Fees 25,000 Plan Check Fees 62,000 Sale of Copies, Books, Maps 1,2001 Assessment Searches 500' Clean Up Days 5,000 Cable Operation Reimbursement 1,920' Fines 65,000 Miscellaneous Revenue 22,000. Interest Earnings 60,000 lnterfund Operating Transfers 64,752' General Fund Total 2, 512,023 Water Sales Tower Rent Total Water Enterprise Total Sewer Enterprise Fund Total Surface Enterprise Fund Totsl 202,500 26,500 229,000: 7,020 75,000 2,82 Monthly Operating Report - Revenue Amount 47,114 0 0 100. 6,622 610 70,299, 6,688 0 1,342, 1,685 910 0 9,068 0 0 3,063 17,724 17,164 17,897 22,524 921 225 5,541 1,095 30,048 2,784 4,598, 0 268,022 Variance 1,876,875 Does not reflect recently received Tax Settlement for 1,057,000 12,838 9,000' 320 -6,447; 390 105,E01! 10,154. 9,000 312 4,000 158 -185 290 1,375 -9,068 25,000 1 1, 500 937, -2,724 -17,164 7,103 39,476 279 275 541' 825, 34,952 19,216 55,4021 64,752 2,244,001 ' 94,389 1 108,111 11,448! 15,053 105,837 123,1631 300 5,720 74,915 2,447,800 � Budget � Mayor &.Council Part-time Salaries 12.100 FICA Contributions 875 Medicare Contributions 204 Travel Expense 4.000 'yN|aoe||anoouo 8.500 Ouem& Subscriptions 8.000 Conferences &Tnaining 5.000 Sub -Total 38,679 Administration ! Fu|l4imeSeoheo .PERAContributions .FICA Contributions Medicare Contributions Hea|th/Oenta||nauronca Workers Compensation .Office Supplies Printed Forms |Nema|ettenWmbaibe Postage Travel Tnave|Expenma Legal Publishing Insurance Cable Operation Expense Uoou||eneous | Dues & Subscriptions Books Conferences &Tnaining Professional Development Transfer Out 128,235 7,091 7,951 1,859 19,132 1.740 7,000 800� 15,000 9,500, 4,200 6,000 35,000 1,200 7,200 2'250 500 2,500 2,000 195,032 Sub -Total 454^190| Monthly Operating Report Amount I Variance Comments Elections Part-time Salaries 1,100 .FICA Contributiono 68 O| 0O .Medicare Contributions 16 O� __��16 ,Office Supplies 50 O 50 Printed Forms 100 O. 100 Travel Expense 100 0 100 yNinoeUonenua 250 55 195 Conferences &Training 500 U 500 Other Equipment 350 340 1UAccuvoteEquipment Annual W1ointPaid Sub-Tota|| 2,634/ 385| 2,1391 6,058 6.050 375 50 88 116 8 4,000 4.844 3.656 2.688 5.311 434| 4,566 144801 24,199 63,90 64,245 2.9801 4'111 3.996 3,955 935 924; 8812 10320 1.72218'Annual Premium Paid 3.620 3,3801 266 534 11'400 3,600 4.585 4.815� 458 3.744| 2.892 3.1881 30.968 4.O37Amnua|Premium Paid 1.515: -315|Specia|Council Meetings 2,02 178 U 500 84, 2.41O| 160 1,840 U 195,032 1639391 290,251 { 01 1,100 -1- Amount I Variance Comments Finance Full-time Salaries PEFQAConthbudono FICA Contributions Medicare Contributions Heo|th/Dento||nounanoe Workers Compensation Office Supplies Printed Forms Software Support Hardware Support Software Programs Travel Expense Miscellaneous Dues &Subscriptions Books Conferences &Tnslning 61.798 26,605 35108 8,417 1,451 1.666 —- 3,831 1,652 2.179 806 386 510 7.869 3.5201 4.449 839 8301 9 Annual Premium Paid 700 504 196 809 6571 152 8.985 12.104 -3'109 Annual Accounting Software 0YaintenaoePaid 3.701 581 3.120 1.560 O 1.560 3.000 36 1.964| 700 - 524 17S�Spec. Assessment Billing ByWash Cb/$45O.OU 100 140 -40 200 O 200 1.000 40� 900 98^515 48,031 49,484 Accounting Services 33,000 25,372 -3,372 Assessing Services 38,000 25,966/ 13,035 City Attorney 'Civil 20,000 20,123 5,8771 City Attmrney-C,immina|' 45,000 21^700. 23,3921 Planning & ZmmmQ Full-time Salaries PERAConbibuUona FICA Contributions Medicare Contributions Heokh/Dents||nounanne Workers Compensation �Of5ce Supplies Printed Forms Zoning Ordinance Oev-CDBG �CimsnonStudy-CDRG Comprehensive Planning Engineering Services Travel Expense Cable Operation Expense Miscellaneous Dues &Subscriptions Books Conferences &Training Engineering Services 64.831 35,042| 29,589 3.574| 3,242| 332 4`007 2,188| 1.819 987| 512425 7.962/ 7.143 819: 877 868 9 Ann mdPremium Paid 500 2Q2 208 - '—' 500 437 63 5,000 O| 5.000 34.000 U 24.000 10,000 19.185 -8.18GComp Plan Amendment 01 O01 2.700' 252 2.448 1.200709� 491 200 360 -160 500 800 -300 200 467 '267 2.000 125 1.875 128,788 71,622 57,166 -2- Budget I Amount | Variance | r-pmo`wnts Attorney Fees 25,0001 1/4661 23,534 Gov't Building Cleaning Supplies Building Repair Supplies Telephone insurance i Beddo Utility .Refuse Repaius/Main1Contractua| Bldg Repe(rs/&4aintContrmctua| Eqpt | Sub -Total Law Enforcement Services Fire ,Full-time Salaries :Part-time Salaries 'PEF0AConthbuUona ;FICA Contributions Medicare Contributions Medth/Oenta||nwunanma Workers Compensation :!Office Supplies Printed Forms EMS Supplies Fire Prevention Fuel Equipment Parts Building Repair Supplies :Small Tools &Equipment !Physkcals Telephone Radio Internet Travel Expense Vehicle Insurance ,Electric Utility Repa/n/K3ointContnsctoe| Bldg �Repairs/N1GiOtCOntr@ctuo/ Eqpt Rentals - Building Uniforms Miscellaneous Dues &Subscriptions Books 30 500 5,100 U 6,500 2,000 10,000 7,000 500 31,900 276 245 2.530 277 4,580 734 0.174 2,697 494 18,006 25 255 2,5701 -277' 1,92U.Budget not seasonally adjusted toActual 1,266| 3,820 4,303 O 13,894 327,633 176,911 150J22 12,989 117,200 718| 8,034 1.879 1.677 3,580 1,000 500 1,500� 4,000 4.500 GOU 30O 1,200 40O0 � 1 3,5O0| 7,500 700 3,000 14'85O 5,700 7,000 25,000 1,080 9,500 1,300 2,500 200 7,87 66,823 1,621 4,633 1.084� 1.181| J.543|: 428 34 465� O 1,756 532 233 407 1,983 2,890 1,204 O 1,598 13.197 3,390 5,978, _ 11,557 810 2.521 18,911 1,985 0 5,123 50,377 ~~^. 3,4O1 785� 496 ' 37Annual Premium Paid 572 4661 1,035� 4,000 2.744 -32 -33 718 2,017 610 6,296 700 1/4O2 1.O53Annual Premium Paid 2.311 1,022 13.333 270| 6,979 -17,011 17.521 For Fire Survey&3ett|mmeni 516 200 Conferences &Training Pension Contribution Fire State Aid Equipment Transfer Out Sub -Total Building Inspection Full-time Salaries PERAConthbudono FICA Contributions Medicare Contributions Hem|th/Oentu||naurmnoa Workers Compensation Office Supplies !PhnbadFonna |Fuel Engineer SemUtility Permits Plan Review Charges Surcharge Payments Telephone Travel Expense Insurance B|epairo/Mo[ntContractual Eqpt Rentals ' Building Uniforms K8imoo||anenuo Dues &Subscriptions Books Conferences &Training Equipment Transfer Out | . Civil Defense Animal Control Printed Forms Contract Services Impounding Miscellaneous Sub -Total —Budget |5 JO[ 5738 ' - 2 U 2�8O �_ � 25�U6 1 11,262 10,000 4,169 5,831 4OlNO1 O 4O0OU` Variance 9,262 Comments 125,415 82,974 62,441 _ 6,935 3,069 3,866 7.776 3.914 3.852 1.819 915 _ 904 18,845 9,377 � 9,468 1.02 1.684 18Annual Premium Paid 1.100 77 1,023 1.000 171 829 3.000 243 _ _ 2.7571 2,000 O 2.000 5.000 O 5,0001 ___ 18,500 5,408 8,092 400 382 138 1,000 716 284 1.200 964 236 500 133 367 4.500 2.23T 2.264 ' --- --- 8OO 187 413 400 218 102 808 140 060 300 2 298 2.500 1.210 1'290 O 157 45TNo�eMe�r _ 5.000 U 5.000 205,2921 94.0501 111,236 9,000 O| 9,000 250 O| 250 8.800 3,288| 5,512 7.000 3�54' 8.148 -bb 76 124 _Budget Amount Variance Comments Public Works Full-time 8e|mhea Part-time Salaries PEFDAConthbudono FICA Contributions Medicare Contributions Hse|th/Dento||nnuronce Workers Compensation Office Supplies Fuel, Oil and Fluids Shop Materials Equipment Parts Building Repair Supplies Street Maintenance Materials Landscaping Materials Sign Repair Materials Sand/Salt | Small Tools & Minor Equipment Engineering Services 800|coating&Crack Sealing Contract Services Telephone Travel Expense � insurance Electric Ub|ih/ Refuse � Repoirs/yWointControctuo| Bldg | RepairsfKXaint|mp NmiB/dgu Repairs/yNaintContractoa| Eqpt | Uniforms Miscellaneous �Dues &Subscriptions Conferences &Training Clean-up Days | Other Equipment Transfer Out Street Lighting Sanitation Recycling Supplies Newsletter Miscellaneous Smb-Tptal- 115,938 48.588 57,339 5,160 O_ _5,150 6,697' 2 4`000 7.508 3.015 4/493 1756 705 1.051 21.187 10.833 10.8541 6740 0.670 7V�AmnuedPremium Paid 300 28 272 12.000 8.627 2.373Increased Fuel Prices 2.500 957 1.543 6.000 1.618 3.384� 1'0001 58/ 832� 12,008' 2,003' 9,997� 2,500 of 2,500 4,000' 7871 3233 25100| 3,592 15,408 1.500938 572 4,080/ O 4.000 35.000 O 35.000 45.000 22.671 22.329 2.750 1.058 1.692 - 750 30 720 16.000 9.018 G.U82Annual Premium Paid 0.300 4.483 4.817 1.800 734 566 2,000 1.133 867 2.500 20 _ 2.471 8.000 2.595 5.405 2,500 1252 1,248 SUU 125 375 500 01 500 12^000 9.3681 2.033 7.380 209| 7.171 189.488 01 198,488, 6,000 7 5,933 5.000 0 5.000 7.100 155 6,945 18^100' 1621 17'938 - -5- ]Budget Amount Parks Full-time � RJl-bmeSalaries 52,660 Part-time Salaries 25,658 PERAConUibuUono 4.331 FICA Contributions 4.856 Medicare Contributions 1'130 Heo|th/Dnntm|(nounynne 7,241 Workers Compensation 2.585 Office Supplies 250 Fuel, Oil and Fluids 2.200 Shop Materials 500 Chemicals 1.000 Equipment Parts 4.000 Building Repair Supplies 500 Landscaping Materials 5.000 Small Tools & Minor Equipment 1.000 Telephone 1.000 Travel Expense O Insurance 3.500 Electric Utility 7.6001 Refuse 2,400| Repo|rs/Mo|ntContractual Bldg 2.000 Repain,/Mo/nt|mp NotB|dgs 30.000 Repoim/KXointContractual Eqpt 1,000 Rentals - Buildings 3.000 Uniforms 200 yNiamaUoneouo 2001 Dues &Subscriptions 100 Transfer Out 10.000 Sub -Total 181,917 Total General Fund Variance | Comments 23.1571 29503 7,2101 18,448 1.5211 2.810 1.886 2,970 441 695 2,558 27Annual Premium Paid O 250 251 1,849 49 451 QGO' SO 770 3,230 851 4151 7211 4,279 117 883 000 400 ' O& 'OO 2.078 1422Annua|PnsmiumnPod -- ' 8.359 4,241 1.2881 1.112 U| 2,0001 1,487 -487 1 New tires for trailer, repairs to Tractor 2,899 101 O' 200 125 -25 ' O 18,000 2,633,6211 1,098,881 1,519,229 | Water Enterprise Operating Full-time Salaries PERA Contributions (FICA Contributions ' Medicare Contributions /Meo|th\Oenta|!nounanoe Workers Compensation | .OffioeSupp|ieo Printed Forms Chemicals Utility System Maintenance ,Water Metero &8upp|ieo ,Small Tools & Minor Equipment ,EnQineehngSamices 'Software Support Telephone iPuutsgo Travel Expense i|nounance ! Electric Utility ,VYeterUti|ity |Repeim\MmndImp Not Bldgo Miscellaneous Confenanuea&Traning !OtkmrEquipmmnt | Sub -Total Sewer Operating Enterprise iFull-time Salaries IPER&Contributions FICA Contributions iK4edimapeCnnbibutionu �Heo|th8]onby|(neu,anoe Workers Compensation Utility System &4o|ntSupp|iem Small Tools & Minor Equipment Engineering Services Telephone Travel Expense 'E|er-tdo Utility Sewer Utility - Met Council Ropaim\K4a|rtImp Not B|dQu Miscellaneous Expenses Conferences &Training Sub -Total Budget � '. 70,119 3.8784,3471 1.U1T| B'G181 2,137 20 1,50O| 3.O00| 3,0001 17,500 500 8,000 6,500 2'8OO 1,120 1,400 3.433 15,806 85,000 8,000 10,000 1.020 2,000 260,095 Amount Variance Comments 48'138 21.385/ 2/07 � �| 2,993 _1,�54 ' 7OO 317 - 5,//�2,840 2.115 22Annual Premium Paid 314 -114involnesprinted 771 1,423 _ 3/l 2.629 871 2.129 1.618 15.882 18& 361 09.880 _ -81,880 Water System Study/Mapping - $66,919.00 (To be reclassified into Capital) 1.000 5.500 598 1,402 � V 1,120� 802 5081 6.449 -8.016'Annua| Premium Paid 6.088 9.720 32.802 52.388 11.545 -3,545Water Main Breaks 2.145 7.855i 760 260| 1.468 532 ' 11.093 11,305 GOOCoding �mue-See Sur�ceVVab�Udhh/ � Payroll 6� 5� 70 744 704 40| 1741 164 10| 1,401 1.417 18 463 458 5Annual Premium Paid 500 51 449 500 O 500 6'000 1,987 4.013 2.000 800 1.181 O 42 -42 2.123/ 442 1,681 0 825 '825 4.000 1.531 2'469 600 0 OOO 500 O| 500 21,661 20,320 11,341 I -7- Budget Amount Variance Comme Surface Water Utility �Full-time 8alahea /PERAContributiona /FICA Contributions Medicare Contributions Hea|th/Dente||nsunsnoe Workers' Compensation Office Supplies �Utility System Maint Supplies /Small Tools & Minor Equipment 'Engineering Services 'Ennaion Control /Sofbwans Support Postage Contract 'ContoaotServices Flepairo/K1aintNot Bldg �Miscellaneous Expenses 'Transfer Out / 29,523 1,633 1.830 428 4,346 QOO 500 2,500 1,000 10,0001 5.0OU| 4,0001 1.11O| 2,5001 2,500 750 3U'3151 O O O 0 881 O 71 7,03 0 0 0 O U O 8^O34 1,633 1,830, 428 4,346 9 lAnnual Premium Paid 500 2,500 929 2,927 5,000 4'U0U 1,110 2,500 2,500 750 30.315 90,801 oding issue- See Sewer Operating Enterprise PENAL 49600,000,00 City of Lake Elmo, Minnesota General Obligation Water Revenue Bonds, Series 2005A Table of Contents Report Sources & Uses Debt Service Schedule Pricing Summary Detall Costs Cif Issuance G.O. Water Revenue Bonds, 1 SINGLE PURPOSE I 7/19/2005 I 1:17 PM Northland Securities Public Finance FINAL $4,600,000.00 City of Lake Elmo, Minnesota General Obligation Water Revenue Bonds, Series 2005A Sources & Uses Dated 08/01/2006 I Delivered 08/10/2005 Sources Of Funds Par Amount of Bonds Accrued Interest from 08/01/2005 to 08/10/2005 Interest Earnings on Project Construction Fund Total Sources Uses Of Funds Orlglnal Issue Discount (OID) Total Underwriter's Discount (1.275%) Costs of Issuance Gross Bond Insurance Premium ( 35.9 bp) Deposit to Debt Service Fund Deposit to Project Construction Fund Rounding Amount Total Uses 0.0, Water Revenue Bonds, I SINGLE PURPOSE 17/19/2005 11717 PM $4,600,000.00 4,850.63 30,769.97 $4,636,620.60 19,528.50 58,650.00 20,095.00 28,476.04 4,850.63 4,504,000.00 20.43 $4,636,620.60 Northland Securities Public Finance Page 1 FINAL $4,600,000.00 City of Lake Elmo, Minnesota General Obligation Water Revenue Bonds, Series 2005A Debt Service Schedule Date 08/10/2005 06/01/2006 12/01/2006 06/01/2007 12/01/2007 06/01/2008 12/01/2008 06/01/2009 12/01/2009 06/01/2010 12/01/2010 06/01/2011 12/01/2011 06/01/2012 12/01/2012 06/01/2013 12/01/2013 06/01/2014 12/01/2014 06/01/2015 12/01/2015 06/01/2016 12/01/2016 06/01/2017 12/01/2017 06/01/2018 12/01/2018 06/01/2019 12101 /2019 D6/01/2020 12/01/2020 06/01/2021 12/01/2021 06/01/2022 12/01/2022 06/01/2023 12/01 /2023 06/01 /2024 12/01/2024 06/01/2025 12/01/2025 06/01 /2026 12/01 /2026 06/01/2027 12/01/2027 Part 1 of 2 Principal Coupon Interest Total P+I Fiscal Total 175,000.00 5.000e% 175,000.00 5.000% 50,000.00 3,000% 125,000.00 3.500% 150,000.00 3.600% 150,000,00 3,700% 150,000.00 3.850% 150,000.00 3.850% 175,000.00 4.000% 175,000.00 4,000% 175,000.00 4.125% 175,000,00 4.125% 250,000.00 4,250% 275,000.00 4.250% 275,000.00 4.250% 300,000.00 4.300% 300,000.00 4,300% 325,000.00 4.300% G.O. Water Revenue Bonds, I SINGLE PURPOSE 17/19/2005 11:17 PM Northland Securities Public Finance 161, 687.50 161, 687,50 - 97,012.50 272,012.50 433,700,00 92,637,60 92,637.50 92,637.50 267,637.50 360,275.00 88,262.50 88,262.50 88,262.50 138,262.50 226,525.00 87,512,50 87,512.50 - 87,512.50 87,512.50 175,025.00 87,512.50 87,512.50 - 87,612.60 87,512.50 175,025.00 87,512.50 87,512,50 87,512.50 87,512.50 175,025.00 87,512.5D 87,512.50 - 87,512.50 87,512.50 175,025.00 87,512.50 87,512.50 87,512.50 212,512.50 300,025.00 85,325.00 86,325.00 - 85,325.00 235,325.00 320,650.0D 82,625.00 82,625.00 82,625.00 232,625.00 315,250.00 79,850.00 79,850.00 - 79,850.00 229,850.00 309,700.00 76,962.50 76,962.50 - 76,962.50 226,962.50 303,925,00 74,075.00 74,075.00 74,075.00 249,075.00 323,150.00 70,575.00 70,575.00 - 70,575.00 245,675.00 316,150.00 67,075.00 67,075.00 - 67,075,00 242,075,00 309,160.00 63,465.63 63,465.63 63,465.63 238,465.63 301,931.26 59,856,25 69,556.25 59,856.25 309,856,25 369,712.50 54,543.75 54,543,75 - 54,543.75 329,543.75 384,087.50 48,700.00 48,700.00 48,700,00 323,700.00 372,400.00 42,856.25 42,856.25 - 42,856.25 342,866.25 385,712,50 36,406.25 36,406.25 36,406.25 336,406.25 372,812.50 29,956.25 29,956,25 29,956.25 354,956.25 384,912.50 Page 2 FINAL $4,600,000.00 City of Lake Elmo, Minnesota General Obligation Water Revenue Bonds, Series 2005A Debt Service Schedule Part 2 of 2 Date Principal Coupon Interest Total P+I Fiscal Total 06/01/2028 22,968.75 22,958.75 12/01/2028 350,000.00 4,376% 22,968.75 372,968.75 395,937,50 06/01/2029 , 15,312.50 15,312.50 12/01/2029 350,000.00 4,375% 15,312,50 365,312.50 380,625.00 06/01/2030 - 7,656.25 7,656.25 12/01/2030 350,000.00 4.375% 7,656.25 357,656.25 365,312.50 Total $4,600,000.00 - $3,332,043.76 $7,932,043.76 Yield Statistics Dated 8/01/2005, Delivery Pate 8/10/2005 First Coupon Date 6/01/2006 First available call date 12/01/2015 Call Price 100.0000000% Accrued Interest from 08/01/20D5 to 08/10/2005 4,850.63 Bond Year Dollars $78,733.33, Average Life 17.116 Years Average Coupon 4.2320624% Net Interest Cost (NIC) 4.3313577% True Interest Cost (TIC) 4.3636768% Bond Yield for Arbitrage Purposes 4.3061992% All Inclusive Cost (AIC) 4.4573677%. IRS Form 8038 Net Interest Cost 4,2970761%' Weighted Average Maturity 17.003 Years 0,0, Water Revenue Bonds, I SINGLE PURPOSE I 7/19/2005 1 1;17 PM Northland Securities Public Finance Page 3 FINAL $4,600,000.00 City of Lake Elmo, Minnesota General Obligation Water Revenue Bonds, Series 2005A Pricing Summary Maturity Maturity Type of Bond Coupon Yield Value Price Dollar Price 12/01/2006 Serial Coupon 5.000% 2.750% 175,000.00 102.868% 180,019.00 12/01/2007 Serial Coupon 5.000% 2,850% 175,000,00 104.766% 183,340,50 12/01/2008 Serial Coupon 3.000% 3.000% 50,000.00 100.000% 50,000,00 12/01/2013 Serial Coupon 3.500% 3.500% 125,000,00 100.000% 125,000.00 12/01/2014 Serial Coupon 3,600% 3.600% 150,000.00 100.000% 150,000.00 12/01/2015 Serial Coupon 3.700% 3.700% 150,000.00 100.000% 150,000.00 12/01/2017 Term 1 Coupon 3.850% 3.850% 300,000.00 100.000% 300,000.00 12/01/2019 Term 2 Coupon 4.000% 4,000% 350,000.00 100.000% 350,000.00 12/01/2021 Term 3 Coupon 4.125% 4,125% 350,000.00 100.000% 350,000.00 12/01/2024 Term 4 Coupon 4.250% 4.250% 800,000.00 100.000% 800,000.00 12/01/2027 Term 5 Coupon 4.300% 4.400% 925,000,00 98.582% 911,883.50 12/01/2030 Term 6 Coupon 4.375% 4.500% 1,050,000.00 98,117% 1,030,228,50 Total - - - $4,600,000.00 - $4,680,471.60 BId Information Par Amount of Bonds Reoffering Premium or (Discount) Gross Production Total Underwriter's Discount (1.275%) Bid (98.300%) Accrued Interest from 08/01/2005 to 08/10/2005 Total Purchase Price Bond Year Dollars Average Life Average Coupon Net interest Cost (NIC) True Interest Cost (TIC) 0,0. Weler Revenue Bonds, I SINGLE PURPOSE 17119/2005 11:17 PM $4,600,000.00 (19,528,50) $4,580,471.50 $(58,650.00) 4,521,821.50 4,850.63 $4,526,672.13 $78,733.33 17.116 Years 4.2320624% 4,3313577% 4.3636768% Northland Securities Public Finance page 4 FINAL $4,600,000.00 City of Lake Elmo, Minnesota General Obligation Water Revenue Bonds, Series 2005A Detail Costs Of Issuance Dated 0810112005 I Delivered 08110/2006 COSTS OF ISSUANCE DETAIL Bond Counsel $6,500,00 Pre-Pald Pay Agent - Thru Call Date $4,945.00 Rating Agency Fee $6,500.00 POS/Official Statement $700.00, Fairness Opinion $1,200.00 Miscellaneous $250.00, TOTAL 520,095.00 G.O. Water Revenue Bonds, I SINGLE PURPOSE I 7/19/2005 I 1:17 PM Northland Securities Public Finance Page 5 Lake Elmo Agenda Section: FINANCE No . 5B City Council 07-19-2005 Agenda Item: Authorizing Issuance and Sale of G.O. Water Revenue Bonds Background Information for July 19, 2005:. A Preliminary Official Statement has been finalized by Northland Securities and the City's Credit Rating Review is in the process of being completed by Moody's Investors Service. The next steps in the Bonding process is Bond pricing and the authorization to sell bonds. Attached, please find Resolution # 2005-074, Authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $4,600,000 General Obligation Water Revenue Bonds Series 2005A. Pursuant to Minnesota Statutes, Section 444.075 and Chapter 475 the City is authorized to issue and sell the bonds to pav the costs of public infrastructure improvements and to pledge the payments of the Bonds net revenues from charges for service, use and availability of the Utility. Action Items: ;Motion to approve Resolution # 2005-074, Authorizing the issuance and awarding the sale of General Obligation Water Revenue Bonds in the amount of S4,600,000. Attachments: Resolution 2005-074 Person responsible: Toni Bouthilet CERTIFICATION OF MINUTES RELATING TO $4,600,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2005A Issuer: City of Lake Elmo, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on July 19, 2005, at 7:00 p.m. at the City Offices in Lake Elmo, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION AUTHORIZING ISSUANCE; AWARDING THE SALE; PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $4,600,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2005A I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations refetTed to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the public corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the public corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, so far as they relate to the obligations; and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on July 19, 2005. City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION 2005-074 RESOLUTION AUTHORIZING ISSUANCE; AWARDING THE SALE; PRESCRIBING THE FORE AND DETAILS AND PROVIDING FOR THE PAYMENT OF 54,600,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2005A BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota (the "City"), as follows: SECTION I. AUTHORIZATION AND SALE OF BONDS. 1.01. Authorization. The City owns and operates a municipal water enterprise system (the "Utility"). This Council intends to construct public infrastructure improvements to the Utility (collectively, the "Improvements"), This Council hereby determines that it is in the best interests of the City to issue its $4,600,000 aggregate principal amount of General Obligation Water Revenue Bonds, Series 2005A (the "Bonds") to finance the cost of making the Improvements pursuant to Minnesota Statutes, Section 444.075 and Chapter 475. 1.02, Sale. The City has retained Sound Capital Management, Inc. as independent financial advisor in connection. with the sale of the Bonds. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, paragraph (9), the requirements as to public sale do not apply to the issuance of the Bonds. The City has received an offer from Northland Securities, Inc., in Minneapolis, Minnesota (the Purchaser) to purchase the Bonds at a price of $ plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth.. The offer is hereby accepted, and the Mayor and City Administrator are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. 1.03. Performance of Renuirements. The City is authorized by Minnesota Statutes, Section 444.075, to issue and sell the Bonds to pay the costs of the Improvements, and to pledge to the payment of the Bonds net revenues to be derived from charges for the service, use and availability of the Utility. The City presently has outstanding obligations which constitute a lien on the net revenues of the Utility and the pledge of net revenues of the Utility to pky the Bonds should be on a parity with the pledge of net revenues of the Utility to pay such outstanding bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing, having happened and having been performed, it is now necessary for this Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. SECTION 2. BOND TERMS. EXECUTION AND DELIVERY. 2.01. Maturities, Interest Rates, Denominations, and Payment. The Bonds shall be originally dated as of August 1, 2005, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on December 1 in the years and amounts stated below, and shall bear interest from date of issue until paid at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2006 $175,000 2019 $175,000 2007 175,000 2020 175,000 2008 50,000 2021 175,000 2013 125,000 2022 250,000 2014 150,000 2023 275,000 2015 150,000 2024 275,000 2016 150,000 2025 300,000 2017 150,000 2026 300,000 2018 175,000 2027 325,000 2028 350,000 [REVISE MATURITY SCHDULE FOR ANY TERM BONDS] For purposes of complying with the provisions of Minnesota Statutes, Section 475.54. subdivision 1, the maturity schedule for the Bonds shall be combined with the maturity schedules for the City's outstanding Bonds. The Bonds shall be issuable only in fully registered form, of single maturities. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar. Each Bond shall be dated by the Registrar as of the date of its authentication. 2.02. Interest Payment Dates. Interest on the Bonds shall be payable on June 1 and December 1 in each year, commencing June 1, 2006, to the owners thereof as such appear of record in the bond register as of the close of business on the fifteenth day of the immediately preceding month, whether or not such clay is a business day. 2.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged, -2- (b) Transfer of Bonds, Upon surrender to the Registrar for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in forn satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth clay of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount, interest rate and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Imvrouer or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost. Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, interest rate, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon receipt by the Registrar of evidence satisfactory -3- to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon receipt by the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision I. 2.04. Appointment of Initial Registrar. The City hereby appoints Northland Trust Services, Inc., in Minneapolis, Minnesota, as the initial bond registrar, transfer agent and paying agent (the Registrar). The Mayor and City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Administrator shall transmit to the Registrar from the 2005 Utility Bond Fund described in Section 3 hereof, moneys sufficient for the payment of all principal and interest then due. 2.05. Redemption. Bonds maturing in 2014 and later years are each subject to redemption, at the option of the City and in whole or in part, and if in part, in the maturities selected by the City and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on or after December 1, 2013 and on any interest payment date thereafter, at a redemption price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, the City shall cause notice of the call for redemption to be mailed to the Registrar and to the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure, The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates and CUSH' numbers of the Bonds to be redeemed and the place at which the Bonds are to be surrendered for payment, which is the principal office of the Registrar. Official notice of redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (tmless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest. -4- [Bonds maturing December 1, 1 and shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.05 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on December 1 in each of the following years the following stated principal amounts of such Bonds: Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on December 1, The remaining $ December 1, Year Principal Amount stated principal amount of such Bonds shall be paid at maturity on Notice of redemption shall be given as provided in the preceding paragraph.] 2.06. Preparation and Deliver. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator; provided that said signatures may be printed, engraved, or lithographed facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so executed and authenticated, they shall be delivered to DTC on behalf the Purchaser upon payment of the -5- purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.07. Securities Depository. (a) For purposes of this Section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York, "Participant" shall mean any broker -dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter from the Cityto DTC. (b) The Bonds shall he initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the -6- Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (d) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of' the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (d) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (d) hereof. (d) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.08. Form of Bonds. The Bonds shall be prepared in substantially the following form: -7- UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF LAKE ELMO GENERAL OBLIGATION WATER REVENUE BOND, SERIES 2005A No. R- Interest Rate REGISTERED OWNER.: Date of Maturity Original Issue CUSIP December 1, August 1, 2005 PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF LAKE ELMO, Minnesota (the "City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above, on the maturity date specified above, with interest thereon from the date of original issue specified above, or from the most recent interest payment date to which interest has been paid or duly provided for, at the annual rate specified above. Interest hereon is payable on June 1 and December 1 in each year, commencing June 1, 2006, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof, the principal hereof, are payable in lawful money of the United States of America by check or draft of Northland Trust Services, Inc., Minneapolis, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the "Bond Registrar"), or its successor designated under the Resolution described herein. This Bond is one of an issue in the aggregate principal amount of $4,600,000 (the "Bonds") all of like date and tenor except as to serial number, interest rate, redemption privilege and maturity date, issued pursuant to a resolution adopted by the City Council on July 19, 2005 (the "Resolution"), for the purpose of financing the costs of improvements to the water enterprise system of the City, and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Sections 444.075 and Chapter 475. For the full and prompt payment of the principal and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only as fully registered bonds in denominations of $5,000 or any multiple thereof, of single maturities. Bonds maturing in 2014 and later years are each subject to redemption and prepayment, at the option of the City and in whole or in part, and in the maturities selected by the City and by lot, assigned in proportion to their principal amount, within any maturity, on December 1, 2013 and on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of the proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of the Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price herein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. [Bonds maturing in the years and shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on December 1 in each of the years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing in 20_ Term Bonds Maturina in 20 Sinking Fund Aggregate Sinking Fund Aggregate Payment Date Principal Amount Payment Date Principal Amount Notice of redemption shall be given as provided in the preceding paragraph.] The Bonds have been designated by the City as "qualified tax-exempt obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. -9- The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make this Bond a valid and binding general obligation of the City according to its terms, have been done, do exist, have happened and have been performed in regular and due form as so required; that in and by the Resolution, the City has pledged to the payment of the principal of and interest on the Bonds net revenues of the water enterprise system of the City; that in and by the Resolution, the City has covenanted and agreed with the owner of the Bonds that it will impose and collect charges for the service, use and availability of its water enterprise system at the time and in the amounts required to produce net revenues adequate to pay all principal of and interest on the Bonds and on all other bonds payable from net revenues of the water enterprise system as such principal and interest respectively become due; that if needed to pay the principal and interest on this Bond, ad valorem taxes will be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by the manual signature of a person authorized to sign on its behalf. -10- IN WITNESS WHEREOF, the City of Lake Elmo, Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the City Administrator. CITY OF LAKE ELMO, MINNESOTA City Administrator Mayor -11- CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: NORTHLAND TRUST SERVICES, INC., as Bond Registrar Bv Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common UTMA as Custodian for „ (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Transfers to Minors Act (State) JT I EN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in -12- substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of bond form} SECTION 3. USE OF PROCEEDS; SECURITY PROVISIONS. 101. Use of Proceeds. Bond proceeds in the amount set forth in Section 3.02 hereof are appropriated to the Construction Fund created therein. Any amounts received from the Purchaser remaining after such amounts have been appropriated are hereby appropriated to the Bond Fund created in Section 3.03 hereof. 3.02. 2005 Utility Construction Fund. There is hereby created a special bookkeeping fund to be designated as the "2005 Utility Construction Fund" (the "Construction Fund"), to be held and administered by the City Administrator separate and apart from all other funds of the City. The City appropriates to the Construction Fund $4,520,000 of the proceeds of the sale of the Bonds. The Construction Fund shall be used solely to defray expenses of the Improvements, including but not limited to the transfer to the Bond Fund, created in Section 3.03 hereof, of amounts sufficient for the payment of interest due upon the Bonds prior to the completion of the Improvements and the payment of the expenses incurred by the City in connection with the issuance of the Bonds. Upon completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds remaining in the Construction Fund may he used to pay the cost, in whole or in part, of any other improvements to the Utility, as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. 3.03. 2005 Utility Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Administrator shall maintain on its books and records a separate and special bookkeeping fund designated "2005 Utility Bond Fund" (the "Bond Fund") to be used for no purpose other than the payment of the principal of and interest on the Bonds and any additional obligations of the City payable therefrom pursuant to Section 3.04 hereof. If the balance in the Bond Fund is ever insufficient to pay all principal and interest then due on bonds payable therefrom, the City Administrator shall nevertheless provide sufficient money from any other funds of the City which are available for that purpose, and such other funds shall be reimbursed from subsequent receipts of net revenues of the Utility appropriated to the Bond Fund and, if necessary, from the proceeds of the taxes levied for the Bond Fund. The City hereby appropriates to the Bond Fund the amounts required by Section 3.02 to be credited to the Bond Fund. The City Administrator shall deposit in the Bond Fund the proceeds of all taxes levied and all other money which may at any time be received for or appropriated to the payment of such bonds and interest, including the net revenues of the Utility herein pledged and appropriated to the Bond Fund, all collections of any ad valorem taxes levied -13- for the payment of the Bonds, and all other moneys received for or appropriated to the payment of the Bonds and interest thereon. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each December 1, the City Administrator shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one -twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the City Administrator shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the City Administrator shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. 3.04. Imposition of Charges; Additional Bonds. The City hereby covenants and agrees with the holders from time to time of the Bonds that so long as any of the Bonds are outstanding, the City will impose and collect reasonable charges for the service, use and availability of the Utility to the City and its inhabitants according to schedules calculated to produce net revenues which will be sufficient to pay all principal and interest when due on the Bonds and all other obligations payable from the net revenues of the Utility. Net revenues of the Utility, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the principal of the Bonds and interest thereon; provided that nothing herein shall preclude the City from hereafter making further pledges and appropriations of net revenues of the Utility for the payment of additional obligations of the City hereafter authorized if the City Council determines before the authorization of such additional obligations that the estimated net revenues of the Utility will be sufficient, together with any other sources pledged to or projected to be used, for the payment of the principal of and interest on the Bonds and paid therefrom and such additional obligations. Such further pledges and appropriations of said net revenues may be made superior or subordinate to or on a parity with the pledge and appropriation herein made, as to the application of net revenues received from time to time. 3.05. Full Faith and Credit Pledged. The full faith and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and the interest on the Bonds and any other obligations payable from the Bond Fund, as such principal and interest comes due. If the money on hand in the Bond Fund should at any time be insufficient for the payment of principal and interest then due, the City shall pay the principal and interest out of any fund of the City, and such other fund or funds shall be reimbursed therefor when sufficient money is available to the Bond Fund. If on December 1 in any year the sum of the balance in the Bond Fund plus the available net revenues of the Utility on hand and estimated to be received or before the end of the following calendar year is not sufficient with any ad valorem taxes heretofore levied in accordance with the provisions of this resolution, to pay when due all principal and interest become due on all Bonds payable therefrom in said following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 3.05, a direct, irrepealable, ad -14- valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in an amount at least 5% in excess of amount needed to make good the deficiency. SECTION 4. DEFEASANCE. When any Bond has been discharged as provided in this Section 4, all pledges, covenants and other rights granted by this resolution to the holders of such Bonds shall cease, and such Bonds shall no longer be deemed outstanding under this Resolution. The City may discharge its obligations with respect to any Bond which is due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, the City may nevertheless discharge its obligations with respect thereto by depositing with the Registrar a sum sufficient for the payment tbereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bond called for redemption on any date when it is prepayable according to their teals, by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; provided that notice of the redemption thereof has been duly given as provided in Section 2.05. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by lamPto be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. SECTION 5. COUNTY AUDITOR REGISTRATION. CERTIFICATION OF PROCEEDINGS, ARBITRAGE., QUALIFIED TAX EXEMPT OBLIGATIONS AND OFFICIAL STATEMENT. 5.01. County Auditor Reaistration. The City Administrator is hereby authorized and directed to file a certified copy of this Resolution with the County Auditor of Washington County, together with such other information as the County Auditor shall require, and to obtain from said County Auditor a certificate that the Bonds have been entered on the Auditor's bond register and the taxes levied as required by law. 5.02. Certification of Proceedings. The officers of the City and the County Auditor of Washington County are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitley LLP, Bond Counsel to the City, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the hooks and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 5.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become includable in gross income - 1 5- for purposes of income taxation under the Internal Revenue Code of 1986, as amended (the Code), and Regulations promulgated thereunder (the Regulations), and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The Improvements are public improvements available for use by members of the general public on a substantially equal basis. The City will not enter into any lease, use agreement or other contract respecting the Improvements which would cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 5,04. Arbitrage Rebate Exemption. For purposes of complying with the requirements of Section 148(f)(4)(C) of the Code relating to the exemption of certain small governmental units from the rebate requirements of the Code, the City represents that: ( ) the City is a governmental unit with general taxing powers; (*) the Bonds are not "private activity bonds" as defmed in Section 141 of the Code (Private Activity Bonds); (iii) ninety-five percent of the net proceeds of the Bonds are to be used for the local governmental purposes of the City; and (iv) the aggregate face amount of all tax-exempt bonds (other than Private Activity Bonds) issued by the City in the calendar year in which the Bonds are to be issued is not reasonably expected to exceed $5,000,000. Therefore, pursuant to the provisions of Section 148(f)(4)(c) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148 (f) of the Code. If notwithstanding the provisions of the immediately preceding paragraph, the arbitrage rebate provisions of Section 148(0 of the Code apply to the Bonds, the City hereby covenants and agrees to make the determinations, retain records and rebate to the United States the arnounts at the times and in the manner required by said Section 148(f) and applicable Regulations. 5.05. Arbitrage Certification, The Mayor and the City Administrator, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certification in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b)(2) of the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. 5.06. Qualified Tax -Exempt Obligations. The City hereby designates the Bonds as "qualified tax-exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. The City represents that in calendar 4 6- year 2005 it does not reasonably expect to issue tax-exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for purposes of this representation) in an amount in excess of $10,000,000. 5.07. Official Statenaent. The Official Statement relating to the Bonds, dated July 2005, prepared and distributed on behalf of the City by Northland Securities, Inc., is hereby approved. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 5.09. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following infounation at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2004, the following financial information and operating data in respect of the City (the Disclosure Information): -17- (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, an update of the operating and financial data of the type of information contained in the Official Statement under the captions ECONOMIC AND FINANCIAL INFORMATION; SUMMARY OF DEBT AND DEBT STATISTICS; GENERAL INFORMATION- "Major Employers" and "Building Permits." Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or 01 of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the docuinent incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board, The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an -18- explanation of the reasons for the amendment and the effect of any change in the type of financial infatination or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (S) Release, substitution, or sale of property securing repayment of the securities; and (K,) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. -19- (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the State Depository), if any; (2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds at the request of the City and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or (2) of this subsection (c), as the ease may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term: Amendments: Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer ofthe City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary -20- offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. • -21- Lake Elmo Agenda Section: NEW BUSINESS No. 6A CitvcoullciK 07-19-2005 Item: Council Comtion Buokl,rwund Information for Jmdv19\13005:. Listed hc}on,please find oCouncil Compensation Comparison outlining Mayor & Council pay tbr cities ofsimilar population. The report indicates that the average pay for the Nlavnr`s positionio5]9D2and for Council positionsiao1$3}04. Tulight o[the fact the Council has not received u pay increase ioover 5years, personal funds being used for City business and the City is going through �n: 8ud�ctprooes� the Finance Director suggests that t� Couoci| considersail adjUstnient to their compensation plan. Council Compensation Comparison City Population 2005 NlmywrPuy 2005CM Pal, Oak Grove 7290 $ 6,723 S 8.082 St. Anthony 8012 $ 5.976 S 4.140 Little Canada 9880 $ 4.500 $ 3`600 Mound 9830 $ 4`500 $ 3.000 Orono 7687 $ 4,200 $ 3.500 Arden Hills 9457 $ 3.600 S 3.200 Shorewood 7595 $ 3.500 Q 3.000 Hugo 8375 $ 3.800 $ 2.400 Lake Elmo 7688 $ 2.080 $ 2.308 VVaoonim 8018 $ 2.400 $ 2.000 yWahtonnedi 8850 $ 2.400 $ 1.800 A1SG% $ 3.982S _ _3,184___ 3.783`3�25 � .^` � - ' Median 3.600 ' 3.200 / Action Items: For Discussion Only Attachments: Person responsible: Toni Bouthilct Lake Elmo City Council July 19, 2005 Agenda Section: Building/Fire/Maintenance No. 7 b. Agenda Item: Building Department Monthly Update Background Information: (A) Update June Construction Activities. (B) Miscellaneous Action Items: Person resnunsible: Informational. No action needed. J. McNamara Attachments: Summary Building Report for June June-2UUb Permits Issued New Residential 1 New Commercial 2 Other Residential 39 Other Commercial 3 Total 45 Total Building Fees Collected Summary Building Report Valuation $350,000.00 $400,000.00 $698,521.00 $158,500.00 $1,607,021.00 'v ear to)jate. ol I • New Residential New Commercial Permits Issued 7 7 {Other Residential 165 ',Other Commercial 18 Total 197 1 $25,816.00 !Totat Building Fees Collected Summary Plumbing Report Plumbing 9 $131,600.00 Total Plumbing Fees Collected I $654.00 Summary HVAC Report HVAC 7 Total HVAC Fees Collected Summary Grand Total Fees Surcharge Fee Paid to State SAC Fees Paid to Met Council WAC Fees Paid to Oakdale Misc. Expenses Total Fees Retained Credit Fees to Bldg Credit Fees to Water Credit Fees to Sewer $60,800,00 $504.00 $26,974.00 $782.00 $0.00 $0.00 $26,192.00 $22,717.00 $3,400.00 $75.00 4- I-Plumbing 32 $515,278.00 1TotaI PIumbng Fees Collected I $2,56(i50 I Summary HVAC Report Valuation $3,131,458.00 $2,600,000.o0 $2,686,607.00 $511,oni.00 $8,929,143.00 .$129,987.97 , Summary Plumbing Report HVAC 44 rTotal HVAC Fees Collected :iSummary Grand Total Fees LSurcharge Fee Paid to State SAC Fees Paid to Met Council 1-WAC Fees Paid to Oakdale Misc. Expenses • rTotal Fees Retained 6 Credit Fees to Bldg Credit Fees to Water LtCredit Fees to Sewer $455,160.00 $4,320.90 I $135,969.37 4,408.01 1,450.00 500.00 0.00 $129,611.36 116,511.36 12,300.00 800.00 Lake Elmo City Council July 19, 2005 Agenda Section: Planning, Land Use and Zoning A d : Escrow Reduction — Cardinal View Background Information for July 19, 2005: The developers of Cardinal View have completed substantial portions of the required plat improvements. The City Engineer has certified by his July 14 Memo that the required development security (in this case, the initial Letter of Credit) can be reduced from $106,965 to $57,968.75. No. 8B Action items: Motion to approve reduction of the Development Security requirement for Cardinal View from $106,965 to S57,968.75 based on the recommendation of the City Engineer. Attachments: 1. City Engineer's Memo of July 14, 2005 Time Allocated: TKDA ENGINEERS . ARCHITECTS .PLANNERS MEMORANDUM 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.cont To: Chuck Dillerud Reference: Escrow Reduction Copies To: Todd Erickson Cardinal View City of Lake Elmo, Minnesota Project No. 13267.000 From: Thomas D. Prew, P.E. Routing: Date: July 14, 2005 Work on Cardinal View has started. The grading, storm sewer work is complete is mostly complete. 1 would recommend that escrow be reduced to the amounts listed below: Site Grading/ Turf Establishment $0.00 Storm Sewer $3,300.00 Streets $42,775.00 Street Signs $300.00 Subtotal $46,375.00 125% Security S57,968.75 An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Lake Elmo City Council July 19, 2005 Agenda Section: Planning, Land Use and Zoning Agenda Item: Public Streets Vacation Petition - Stonegate Background Information for July 19, 2005: No. 9A During the Public Hearings on the Land Use Plan before the Planning Commission residents of the Stonegate neighborhood submitted a petition requesting City vacation of certain street stubs that were platted with the Stonegate Addition plats. The petition was not recognized for what it really was at that time (since that was an unusual forum for submission of such a request). We have now revived the original petition and a Public Hearing to consider the matter has been scheduled/noticed for the July 19 City Council meeting — where vacation hearings are conducted per State Statute. The Stonegate residents' petition includes signatures from 60 discrete addresses, including 100% of the property owners actually abutting the Jasmine, Jewel and Julep stub streets — the property owners that must be party to this petition. The City Engineer has prepared his recommendations regarding the petition by his July 14, 2005 letter (attached). While not required by Statute it has been the past practice of the City Council to request the recommendation of the Planning Commission regarding street vacation petitions with potential Comprehensive Plan implications (the recent 55' Street petition, for example). While the Commission has seen this petition briefly, it was presented in the context of a Land Use Plan hearing, and has not been directly addressed by the Commission on its own merits. The City Council may wish to refer the petition to the Commission for recommendations after the Public Hearing has been concluded on July 19, 2005. Should the Council decide to not refer the petition to the Commission and take action on the 19", either staff should be directed to present an ordinance for the vacation at the next City Council meeting; or, the Council should take formal action to acknowledge the petition and determine that the requested street vacations are not in the best interests of the City — perhaps based on the recommendations of the City Engineer. Person Action items: Motion to either refer the Stonegate street vacation petition to the Planning Commission for recommendation; direct staff to prepare the appropriate ordinance for the next City Council meeting; or, advise the petitioners that the vacations petitioned are not in the best interests of the City. Attachments: 1. Location Map 2. City Engineer's Letter J. Petition for Street Vacation esponsible: ILocation Map 110th Street North R21W R2OW R19W R22W R21W R2OW Vicinity Map 0 894 Scale in Feet This drawing is the result of a compilation and reproduction of land records as they appear in various Washington County offices. The drawing should be used far reference purposes only. Washington County is not responsible for any inaccuracies. Source: Washington County Surveyors Office Phone (651) 430-6875 Parcel data based on AS400 information JUL-14-2005 1210 TOR 651 292 0093 P.06 TKDA 61GMEERS.ARCHT67S.PLAMER'§ July 14, 2005 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Vacation of Street Stubs Stonegate City of Lake Ehno, Minnesota TKDA Project No. 13267,000 Dear Mayor and City Council: 1500 Pipet Jaffray Plan 444 Cedar Stoat Saint Paid, MN 551 01-2140 (551)292-4400 (651 ) 2$2.0053 Fax www.tkda,com As requested we have reviewed the petition to vacate the three stub streets in the Stonegate area subdivision, We do not feel this is in the best long term interest of the City for the following reasons: 1. We have had no development proposals for the property surrounding Stongate, it is very premature to assume now that there will not be a Public need for these stub streets in the future. 2. We envision extension of a neighborhood street system south of CSAH 10 that would allow safe traffic flow between neighborhoods without having to assess 10th Street, By vacating these stub streets we forever insure that all traffic in and out of Stonegate must travel on 10th Street. As the traffic 'volume on 10th Street will significantly rise as a result of future development, the chance for accidents for residents in Stonegate, and others grows. 3. Keeping these stubs roads in place allows for the City street maintenance, school bussing, mail delivery, and garbage collection to be done in a more efficient manner. 4. The two cul-de-sacs will be very difficult to vacate, as we need that area to turn our snowplows around in, if they are vacated, a new cul-de-sac or other turn around area would be needed. This would usually involve some property acquisition, Thomas D. Pre City Engineer TDID: art An EmployOwned Company Promoting Affirmative Arlan and Eqaaf Opporfunily TOTAL P. 06 on by the Residents of the Stonegate Neighborhood 3/15/05 Dear Mayor, City Council and City Sta We, the undersigned residents of the Stonegate neighborhood in Lake EImo, appreciate the protections you have offered us in the latest draft of the revised Comprehensive Plan that is being submitted to the Metropolitan Council. At this time we would like to formally request that the City also assure us further protection in keeping with the language of the City's policy to "...to preclude externalities of that urban development (such as through traffic, exterior lighting, noise, and trespass) from negatively impacting the existing residential neighborhoods." Specifically we are asking that the City take action to vacate the right of way for any platted roads that may connect to the existing neighborhood streets and resolve to allow no further connections to our development. We would like to see to it that the existing streets terminate as they are now. Respectfully submitted, Name Name Address Sig 710 UPS Address Signature it) Name jp Name Name Name 33 i Address Address '7 I Address I/ti -60 Address 1 1 Tzwei Atrc kJ. Address )8,La Address cre,41&;7 Avd Address Address Address Signature u Name Name Name Name Name Name \c\,, tild171 Cb ((. Address 7 Address q-31 j A-PC_Nto Address Address (te' Address 9 Address sf Address b A 3 4 1 Address r4 5-!,u6 ja fi71 Address 74 Signature Signa Signa e e Name Name Name Name Name 61nh Name /40IN-0-5. IN\ • T7p, Name navy 1-171-z6 aid -- Name /11(6 Address Address (OS \\ Address Address Address 671 Address 1) N—VAS Address S777 \A.271z//)e Address Signature Signature 9/77 Address A).1.44_ &f/ friv/f47-404 Address bqq tAiik)._C .0 A Addresi &Ai CS Address r3-cp. t, , Address (0 S LTui -1tie_A) Address zitAlzp Au-e. Address 17Z Z---rukle Address (Z-,c,4,46774-7Le Address Name CHRIS ...1-1c/C7Z Name ci PA - Name Name b Name Name 61" oo- Address (I L(2 Yu Address S21 jo.. eLl-U Address et 0 3 I Address 72- Ue(p Address oC— Address 0341 94-ei Address 9i3 Address 9/69 ,f77 _A/ Address 1 Signature Name f Name Tarn 0,1(11Lq Name /8'1 Name Name Name 9/a 9A Address (,,7? Address Address Address g”/ Address Address 2.)7 Addred/ 47 Address g 7 c Address Signature Na Name Na Nanie 0 Name NA Q Nam r1/1,414‘ Name Name t - Qin/ Name 7S3- -3•11-smi- Address Address 5 V 9 Address Si OFSiklta) &bp ,J Address 'IL(e/b\C7 Address PQ t-.) • Address Address Si k 5—Tue.z/k-e Address (5-7 Address Mickde H. ehrri-i-* Name Address ,)enntive( P)Cuno Name Nam Name Name • S115/frrz f/i/ Name cA 1, Name Name Name le), Azcrnine (Pkrenm-f, P1 1+ Address 9323 Address (4Q7 L0,141 ablf2ji. Aidress Address _v))- -7,;qP4f4.e( Aur Address Address Address Address Signature Signature Lake Elmo .Agenda Land Use and Zoning No. 91 City Council Ju 9, 2005 - Agenda hem: Garaqc _Location Resolution 9425 45Street N( (Yang) n for July 19 The applicants have applied fi,r City Council approval to locate a detached garage structure nearer a public street than the Principal structure (home). The City Code prescribes specific City Council approval bY Resolution under these circumstances. The applicants propose a 22 foot by 24 loot detached garage structure that would be located 81 feet from Lake Jane Trail. and screened from view to Lake Jane Trail and any neighbors by dense woods in all directions. After viewinil, the site Staff suggests there is firm basis for approval of the application, since no adverse public street or neighborhood impact will result. A Resolution for approval is attached. Action items: Motion to adopt Resolution #2005 — approving placement of a garage structure nearer a public street than the principal structure at 9425 — 45th Street North per plans staff dated July 15, 2005. Attachments: 1. Draft Resolution 2. Location Map 3. Applicants' Documentation Person resnonsib I/ 1 City Planner Time Allocated: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-076 A RESOLUTION APPROVING THE PLACEMENT OF AN ACCESSORY STRUCTURE IN FRONT OF THE PRIMARY STRUCTURE AT 9425 45th STREET NORTH WHEREAS, pursuant to Section 300.13, Subd. 31 of the Lake Elmo Municipal Code, Daya and Rody Yang, the property owners, have requested approval to place a detached garage in front of the primary structure at 9425 45'1' Street North, in accordance with plans staff dated July 1, 2005, and based on the physical condition of the lot. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo hereby grants permission for construction of a garage in front of the principal structure at 9425 45'11 Street North. ADOPTED, by the Lake Elmo City Council on the 19111 day of July, 2005. Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator Location Map . . - T3214 '112N 73 IN T.1 I N T3 7291,1 12.13N 1 T2B T27 Vicinity Map 0 1200 Scale In Feet This drawing Is fir moult of El ..01111a lion and reproduction of land records as they appear In Various Washinglan County Oleos. The drawing shored be used tor reference purposes only, MONTI, Cana/ Is nal tosponsIblo tor anY !mecum& s. Seamy: Washing!. Candy Swayer's Plass. Mona (651) 4313.01$ Noel dale based en A6400 hforrnation :UN-23-05 ID '3:37 CIY,CF-LAKEi-iLMO FAX RO, 777 E.15 BRUCE: A. FOL.? & ASSOC. CERTIFICATE of SURVEY Kri:NDAV SURVEY FOR Gerhard E, Schhictt" 9337 North )anr: OrAirt Lake Elmo iflt1imo .55042 OESCRIPT1011 ( 5ce oil c kq ti sheets) LPN.° SURVEYING 14791 6011I STREET N .011,0NATE II, MN, 55082 ‘71' Ir ri ),. e L lelelti I <MAY CERTIFY THAT NIS URANYING J.S; A (I," (1r TIIIS MirtmEY ANO 4I. MONUMENTS ;IN.,. I'ARI1I:e.ci;41(7V,N.1IEts5°2n VEv QnPLAN 7 , LErM r:r(tUFnvts101JnAuAA V;VORoE:lr, I ME LAWS or TIIE sircni tiFM.,17.F A. FOL. r:,-e 4 ; 11 NE -1""-°'•-t I III rr or'.317r5c.hor‘s'• Rd f\ cid 11 10r. k,31, Ac.4 14i ••• IJ Oe.r.04mE. • mco intirk,e.d will, ix 'lot scri r•ord'n 5 0.4‘erm1,Ae. Vlot.on. (9 D1 n1I.,0, .11..Pr; lAcoL4 rr // p) f r, 0 /s, ,y S'IF ji63(A Aro Oc- ,arnent st.,t1.60 ,W I , rIZI*0560 I0S.1" V.) CO J P. Pole; „ 0 r, City Address Customer o2-15 62,1-h q,4496.7 Phone /4(, Salesman Lot Type: Corner, Reverse, /1 Garage: h) (/2" Rods) Conduit 4000 , 6 Bag Mix, 4% Air Entrained ABU L Front R Front L Rear R Rear x Driveway: 4-01),q Cement Asphalt 'Sidewalk Block: 1 Row 6x8x 6 2+ Rows 8x8x16 Left J Rear Right 1 Front Damp Proof/ Backfill: Western Overhead Door Size OffsetCentered Offset R Always Use A 16'3" RO Service Door 32" 1 R ow RO 2'8" = 34" '0 = 38" 2+Rows RO 2'8" = 37" 30 = 41" 1/2"Anchor Bolts Located Not More Than 6'o.c, And Within 12" Of Each End Piece. Both Side Walls Will Start With A 12' Bottom Plate From The Front. 4301 Highway Seven, Mpls, MN 5641 6 Phone: 952- 920-8888 Fax: 952-920-1172 State License #20316811 Lot Size A • 4t-rx_S Location Map MI W 1t2OW RIiW 173N 171N Vicinity Map 0 178 Scale in Feet 111 Vie among la the resuX ate compilation and reprodocllon orland records es 0ny appear Invidious Wesh1nglon County oilces. file drawing dwuid he used for reterahce retspanslhM tat any Inec oo les,rison ally. WashIneloo is not Sour e: Washington County Stevedore attic.. P]*no (05i} 4300175 Parcel dale based on A69001niernralion Lake Elmo - City Couizcii .1tily 19, 2005 go(See 111 : Pianning, Land Use anti Zoning Agendaltem: MD Concept Plan "Seret No. 9TC Background Inforinatioii for July 19, 2005: At its meeting June 27, 2005 the Planning Commission conducted a Public Hearing and adopted a recommendation to DENY this application for PUD (not OP) Concept Plan to develop this 110 acre site in the northeast quadrant oldie Village Area for 44 single family detached building lots. The Commission's denial recommendation relates directly to the fact that the entire site is within the. Village Area Development Moratorium, which is in place until October, 2005. Commissioners observed that the Concept Plan does not respond to the current City's \tillage Area Plan; and. that coordination and implementation activity related to the Village Area Plan is continuing. The Commission was advised by staff that the Development Moratorium does include a provision whereby individual lands can be removed from the Moratorium Arca . Ti is assumed, however, that action to remove a site from the Moratorium would he predicated on the plan for the site being in general compliance with the City's Village Area Plan — not the case with this OP Concept. The City Council could, with the specific concurrence oldie applicant, table the Concept Plan application pending completion of City Village Area Plan coordination and implementation activities. The City Counei could also approve the Concept Plan. Draft Resolutions for both denial (as recommended by the Planning Commission) and approval have been attached. The official Concept Plan application date is June 8, 2005. The City's 60 day application review period wi expire on August 7. 2005 unless specifically extended by Council action and applicant concurrence. There will be 1 Council meeting (August 2) prior to the expiration of the review period. Perso resnaysi e: Action items: Motion to deny the PUD Concept Plan application of Heritage Cit Development for "Serenity in Lake Elmo" based on a finding that the subject site is located within the geographic area of the valid Village Area Development Moratorium. Attachments: 1. Draft Resolution for DENIAL 2. Draft Resolution for APPROVAL 3. 'Planning Commission Minutes oflune 27 4. Planning Staff Report 5. Location Map 6, Applicants Documentation (Received by Council with the June 27 Planning Commission Packets) Time Allocated: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005- A RESOLUTION DENYNG THE PLANNED UNIT DEVELOPMENT OF SERENITY IN LAKE ELMO WHEREAS, Heritage Development made application to the City on June 8, 2005 for a Planned Unit Development consisting Of 44 residential lots on a parcel of land in the Southwest Quarter of Section 12, Township 29 North, Range 21 West in Lake Elmo consisting of approximately 111.6 acres. The property is located on the east side of Lake Elrno Avenue and west of the FIELDS OF ST. CROIX 2ND ADDITION, legally described as: SEE ATTACHED LEGAL DESCRIPTION WHEREAS, at its June 27, 2005 meeting, the Lake Elmo Planning Commission reviewed the application and unanimously recommended denial of this application, and WHEREAS, the subject parcel lies within the Village Area Development Moratorium and the Concept Plan PUD does not comply with the City's Village Area Plan, and WHEREAS, at its July 19, 2005 meeting, the Lake Elmo City Council reviewed the application and recommended denial of this application, and made the following Findings: 1. The Concept Plan PUD parcel lies within the Village Moratorium Area 2. The Planning Commission recommended denial of this application. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo does hereby deny the Concept Plan Planned Unit Development of SERENITY IN LAKE ELMO, per plans that staff dated June 8, 2005, as the same on file with the City Administrator. ADOPTED, by the Lake Elmo City Council on the 19111 day of July, 2005. Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT OF SERENITY IN LAKE ELMO WHEREAS, Heritage Development made application to the City on June 8, 2005 for a Planned Unit Development consisting of 44 residential lots on a parcel of land in the Southwest Quarter of Section 12, Township 29 North, Range 21 West in Lake Elmo consisting of approximately 111.6 acres. The property is located on the east side of Lake Elmo Avenue and west of the FIELDS OF ST. CROIX 2ND ADDITION, legally described as: SEE ATTACHED LEGAL DESCRIPTION WHEREAS, at its June 27, 2005 meeting, the Lake Elmo Plarming Commission reviewed the application and recommended denial of this application. WHEREAS, at its July 19, 2005 meeting, the Lake Elmo City Council reviewed the application and recommended approval of this application, and made the following Findings; 1, The Concept Plan PUD conforms to the single-family residential development designation in the Comprehensive Plan, 2. The Concept Plan PUD satisfies the intent and purpose of the City's land use, zoning and subdivision regulations. 3. The Concept Plan PUD is no threat to the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo does hereby approve and accept the Concept Plan Planned Unit Development SERENITY IN LAKE ELMO, per plans that staff dated June 8, 2005, as the same on file with the City Administrator, based on the following Conditions: 1. Compliance with the recommendations of the City Engineer, with specific attention to the proposal for "temporary" waste treatment strategy. 2. Compliance with the recommendations of the Valley Branch Watershed District as found to be appropriate by the City Engineer. BE IT FURTHER RESOLVED, that the Lake Elmo City Council removes the subject site from the Village Area Moratorium. ADOPTED, by the Lake Elmo City Council on the 91 day oflitly, 2005, Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator APPROVED: 07/11/05 ommissioner Deziel said the City cannot require a commitment from those • ers for the 23 mnant parcel. Commissioner Fli that after re e landowners' letter indicating their intent for those 23 acres, the Co otdd proceed and not table the application. V :3, Nay - Ptacek, Helwig, Schnei e . PUD Concept Plan — SERENITY IN LAKE ELMO The Planner explained the purpose of the PUD. He noted that the primary concern for the Planning Commission with a PUD is compliance with the Comprehensive Plan for unit count and use, rather than the specific design standards of the zoning ordinance. He reported that a second major issue with this application is that the parcel is physically within the Old Village Neighborhood Design Study/Plan and subject to the Development Moratorium now in place for that area. He continued that the moratorium provides an opportunity for removal from the moratorium area for an appropriate development that is responsive to the Old Village Plan, The Planner reported that the Old Village Plan called for this parcel to be the ultimate home for 90 plus dwelling units because it preserved a significant greenbelt around the Old Village and housing would match essential density and character of homes reflecting what is found in the Old Village. He has been advised that the applicants were unable to purchase density credits from other Old Village Area property owners which has resulted in the applicants asking for 44 units which roughly equates to OP density The Planner distributed a letter from the adjacent property owner to the south indicating that no agreement is in place with the developer regarding location of street access across the neighboring proper to the subject site The Planner said staff recommends approval of the plan subject to compliance with conditions specified by the Staff Report, particularly subject to affirmative action by the Lake Elmo City Council to remove this parcel from the moratorium area. Inclusion of the Old Village Plan in the Comprehensive Plan has not yet occurred, Once that is completed, this application generally complies with the Comprehensive Plan. Commissioner Deziel expressed concern that this subdivision plan significantly reduces the number of homes in this area, and it impacts the other landowners or green space areas within the Old Village green belt as a result. The Planner said the Commission heard an application that was tabled for the parcel south of this project along 391 Street that presented substantial density which might be considered again as mitigation for loss of units by this Concept, He said there also could be a change in density in other sections of the Old Village Plan or even reduction in the green belt area since reservations of land for constructed wetland wastewater treatment will no longer be required with Regional Sewer being available. Commissioner Fliflet noted that the design layout does not seem to fit the Old Village Plan in terms of street layouts, The Planner said that was a big concern for some of those vacant lands adjacent to existing Old Village neighborhoods but this area does not have an adjacent neighborhood to mimic, Lake Elmo Planning Commission Meeting Minutes of June 27, 2005 5 APPROVED: 07/11 /05 Commissioner Lyzenga said she was concerned that this Concept disassembles the Old Village Plan and pushes the problem onto other people. She suggested the Conunission should let the Old Village planning process be completed. M/S/P, Arrnstrong/Ptacek, To recommend denial of the PUD Concept Plan for SERENITY IN LAKE ELMO based upon the Old Village Development Moratorium, and ask the City Council to uphold the Moratorium so the Comprehensive Plan and consequent planning gets done properly. Todd Foster, Heritage Development Mr. Foster said it is not economically feasible for his company to purchase development rights. He produced a similar plan to this one with an 80 lot density but Heritage is not in a position to purchase those added development rights. He said this plan responds to trails and open spaces. If OP density increases, they will add five more residential units. Chairman Helwig said the new design meets what the Commission wanted to see in the Old Village. Commissioner Deziel said putting this PUD Concept Plan forward jeopardizes the Old Village Plan and he would rather see those densities closer to what was anticipated both for this and for adjacent properties so it does not shift out of the Village area or tear the Old Village Plan apart. He said it is a beautiful plan, and it takes into consideration the traffic flow for pedestrians. VOTE: 9:0, Mr. Foster requested the application go to City Council on July 19 because both the Planner and Mr. Foster will not be available for the July 5 City Council Meeting. City Council Update The Planner said the Comprehensive Plan was submitted unofficially to Metropolitan Council staff to get an idea if the city was on track before spending all the money on engineering studies for the Systems Plans. The Metropolitan Council Director analyzed the Comprehensive Plan, and there were three or four issues of significance. Subsequently the City Council asked for clarification on these issues. He said the mayor, Councilmember Smith, Administrator Rafferty, and the Planner went twice to reach clarification with Chairman Bell and Administrator Weaver, and he and Mr. Rafferty met with the Met Council representatives a third time last week. The Planner said that what the city is left with is to go back to the Comprehensive Plan similar to what the Planning Commission reconunended. Adjourn at 10:11 p.m. Respectfully submitted, Kimberly Schaal, Recording Secretary Lake Elmo Planning Commission Meeting Minutes ofJune 27, 2005 6 LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: June 22, 2005 for the Meeting of June 27, 2005 Applicant: Heritage Development Location: North of 39tb Street North and East of Lake Elmo Avenue Requested Action: PUD Concept Plan Land Use Plan Guiding: RAD Existing Zoning: RR Site History and Existing Conditions: City records reveal no prior applicant initiated planning/zoning actions regarding this site. We note, however, at least three "neighborhood" planning initiatives over the past 10 years that included this site: (Then) Mayor Win John and local architect Dave Herreid prepared a development concept for the Old Village in the late 1990's that included this site as single family detached housing. 2. The Metropolitan Council and the McKnight Foundation sponsored a series of neighborhood design studies (6) in Metro cities in 1999 to demonstrate design for "Smart Growth". This site was within the design done for Lake Elmo. Again , single family detached housing was the designated use of this site in that concept. 3 The City Village Commission engaged the firm Thorbeck & Associates to prepare an "Old Village Development Plan" including this site following several years of study and discussion as to the preferred character for development of the several hundred acres of undeveloped land surrounding the existing Old Village. The Planning Commission subsequently recommended that Plan (Thorbeck) as an amendment to the City Comprehensive Plan. The City Council tabled the Thorbeck Plan to permit corresponding system reports by the City Engineer. The Council also adopted a development moratorium on all areas within the Thorbeck Plan. That moratorium has been extended several times and remains in effect until mid -Fall 2005. Again, this site was designated by the Thorbeek Plan as single family residential, but at a higher density than earlier plans had depicted. That higher density was dependent of Transfer of Development Rights from other Old Village Area properties that were designated by the Thorbeck Plan as Preserved Open Space ("Green Belt"). The site totals 110 acres in area with two very distinct geographic/topographic regimes present. The north roughly 2/3 of the site is separated from the south 1/3 of the site by a steep ridge line. The north portion lies well below the south portion, and contains numerous wetland features breaking up farm fields. The south 1/3 of the site has been 100% farm field until the past year, and remains fallow today. The only woodlands of significance on the site are found along the slopes of the ridge line separating the two regimes of the site. Discussion and Analysis: The applicants propose a PUD Concept Plan for development of the site. This process (rather than the OP process) has been suggested to the applicant by City Staff to allow the site to be as responsive as possible to the Thorbeck Old Village Plan. The City's PUD Ordinance (Section 300.08 of the City Code) pre -dates the OP Ordinance but is structured in a similar fashion (3 stages: Concept, Preliminary and Final). The distinctive difference between the two ordinances resides in the absence of specific design standards (setbacks, minimum lot area etc.) in the PUD ordinance. Instead, the "Purpose" statement of the PUD Ordinance states: "This subsection is intended to permit flexibility of site design and architecture for the conversion of land and open space through clustering of buildings and activities. This flexibility can be achieved by waiving provisions of this section (ie. the Zoning Ordinance) including uses, setbacks, heights and similar regulations, for PUD 's." The only true standards relate to setbacks etc. for any lots that are at the "periphery" of the site. The City's PUD ordinance has been little -used over the years since its inclusion in the Zoning Ordinance — 1980 or even earlier, In fact there have been unsuccessful efforts to repeal the ordinance within the past few years. The basis for the repeal efforts appears to have been the concern that the potential opportunity for design flexibility could be abused by developers and/or the City at some point. The last (and only, as far as we can find) use of the PUD ordinance for residential development was for the Carriage Station neighborhood. Just as with the Carriage Station site, this site presents special considerations that would suggest the use of the PUD ordinance to be appropriate. The Thorbeck Plan, although not as yet officially adopted by the City, is the culmination of many years of study by the City, and can be reasonably expected to be the "guide" for development within this geographic area of the City. That Plan contains several design features (such as "Green Belt", "Transfer of Development Rights" and "Traditional Neighborhood Development" concepts) that are clearly not anticipated by the City's conventional zoning provisions. In fact, the only process by which the Thorbeck Plan can be implemented under present City zoning regulations is through the PUD ordinance. The use of that ordinance is appropriate and necessary for this site. The applicant proposes the development of the 110 acre site with 44 single family detached lots — about what would be allowable on the site as an OP development — responsive to the current OP density maximum of 16 units/40 acres. The only distinction as to density from OP would be the applicant's utilization of gross site acreage rather than OP net site acreage after wetlands and steep slope deductions. At the same time the applicant here proposes a total unit count for the site well under (less than one half) that depicted by the Thorbeck Plan for the site. Essentially the applicant has abandoned the concept of purchasing TDR credits from other property owners resulting in a reduced unit count on his site as related to the Thorbeck Plan. Additional Staff observations regarding the applicant's Concept for 44 lots include the following: 1. Proposed setback standards mirror those of the R-1 zoning district — the zoning of the majority of the existing Old Village residential area. 2. Proposed street cross sections are responsive to those of OP developments. 3. The Concept Plan preserves the "Green Belt" that is one of the key elements of the Old Village Plan. The suggestion that this area be "dedicated open space" may not be accurate however. There will be no Park Dedication credit recommended since the open space has been clearly used to calculate the project density. A Minnesota Land Trust Easement will be a more appropriate vehicle for preserving the open space, and Park Dedication (likely cash -in -lieu) will be determined using the appropriate Subdivision Code formula, 4. The Central Park feature proposed by the applicant will be a private (I-IOA) amenity. No City Park Dedication credit will accrue. The proposed trail corridors will be reviewed by the Park Commission at subsequent PUD stages for Park Dedication credit consideration per the Trails System Plan. 5. Provisions for site access by Public streets appears appropriate — subject to concurrence with the abutting property owner(s) as to location. 6. This site (and the entire Old Village development area) is now scheduled to be served by Regional Sewer, The applicant's Concept anticipates that strategy, but suggests that development of the site be allowed to proceed with a "temporary" wastewater solution prior to the 2007 (approximate) availability of the Regional Sewer, The draft 2030 Comprehensive Plan Staging Element does anticipate "sewered" Old Village units prior to the availability of Regional Sewer (as early as 2006), and the "temporary" strategy is therefore anticipated by the Staging Plan. The technical aspects of the strategy as proposed by the applicant (as to scale of draM field and total number of units that should be acconunodated with temporary wastewater service) should be subject toCity Engineer concurrence. 7. The Old Village Moratorium extends to October 5, 2005. The Moratorium Ordinance does provide for the removal of a property as the sole discretion of the City Council — and has been done with previously. A waiver will be necessary prior to a City Council approval action regarding this PUD Concept Plan. Findings and Recommendations: City Code prescribed Findings by the Planning Commission regarding a PUD Concept Plan are: 1. Whether the proposed concept plan conforms to the Comprehensive Plan of the City. 2. Whether the Concept Plan satisfies the intent and purpose of the City's land use, zoning and subdivision regulations. 3 Whether the General Concept Plan is, in any way, inconsistent with the public health, safety and general welfare. Staff suggests that the proposed Concept Plan could be found to be compliant with all three required Findings, and be recommended for approval — subject to the following conditions: 1. Compliance with the recommendations of the City Engineer, with specific attention to the proposal for "temporary" waste treatment strategy. 2. Compliance with the recommendations of the Valley Branch Watershed District as found to be appropriate by the City Engineer. 3. Subject to an affirmative decision by the City Council regarding removal of the site from the Village Area Moratorium. Planning Commission Actions Requested: Motion to recommend approval of the PUD Concept Plan of "Serenity in Lake Elmo" per plans staff dated June 22, 2005 based on compliance with the required PUD Concept Plan Findings and subject to the conditions specified by the June 22, 2005 Planning Staff report. Charles E. Dil1rud, City Planner Attachments: 1. Location Map 2. City Engineer's Memo (If Available) 3. Valley Branch Review Letter 4. DNR Review Email • o — Location Map r— '".'"'" • rF 1712N N T29N TAN T27 RIM R2 I W R2OW Vicinity Map 0 2400 Scale in Feet Ilia drawing Is the mann complIallen and repteduction of lend reensds as they apneas in various Washington County Ones. The drawing should be used tot is reran purposes aniy.. W.hinown Calmly le (401 rasponsIbie Tor any Inaccuracies. neuron; Washington con* nunneyoes Once. Phone (851) 4304675 Parcel data Weed on AS401)Intannelion TKDA ENGINEERS • ARCHITECTS MEMORANDUM RECEIVED 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www,tkda.com To: Chuck Dillerud Reference: Concept Plan Review Copies To: Serenity in Lake Elmo City of Lake Elmo, Minnesota Proj. No.: 13267,000 From: Thomas Prew, P. E. Routing: Date: June 24, 2005 I have reviewed the Concept Plan dated June 8, 2005, and have te following comments: General Last fall the City proposed a study to construct a by-pass of TH 5 around the Old Village area. The by-pass would have traversed this parcel. If this project is brought forward at this time, the opportunity to ever have a by-pass of the Old Village area will be lost. Plat There is a pipeline easement along the east side of the plat. The pipeline owner should be consulted with regard to required setback from their facilities. The access to the Smith Parcel intersects the road at an awkward angle, and is too close to the cul-de-sac. This should be looked at closer. Streets The entrance road should be made to line up with the drive way for the bank. The recently approved office building on the Brookman property should be looked at in conjunction with this entrance road. A roundabout at the intersection with 39th Street is recommended. This would need to be built to State -Aid. Standards. A roundabout with the first intersection north of 39th street is also recommended. All streets should be concrete curb and gutter. The homeowners associations should be responsible for maintaining the cul-de-sac islands. Drainage It is not clear where drainage from the central pond flows. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Concept Plan Review Page 2 June 24, 2005 Serenity in Lake Elmo The VBWD has requested that a drainage study of this area and Brookfield development be completed before any development occurs here, Sanitary Sewer This project is within Old Village sanitary sewer service. However that sewer will not be available until 2007 at the earliest. The developer proposes to serve this development with a temporary on -site septic system until City sewer is available. This proposal is ok, as long as the number of connections does not go over 10,000 gallons per day. This is the threshold for an MPCA permit. It is anticipated that the area used as the temporary drainfield be reclaimed for building lots and this should be ok. However, the developer should review his plans to use the temporary drainfield for building lots with the MPCA. Waterman: This project would be served by City Water. Trails The trail should be extended to 39th Street. The trail on the west should line up with 43rd Street. June 15, 2005 - Mr. Chuck Dilletud City of Lake Elmo 3800 Laverne Avenue North Lake Elmo,.MN 55042 Re: Serenity in Lake Elmo Dear Mr. Dillerud: Thank you for submitting the concept plan for the Serenity in Lake Elmo project. On behalf of the Valley Branch Watershed District (VBWD), I have reviewed the information and this letter provides my preliminary comments. Because the project will require a VBWD permit, I will review the project more thoroughly once a VBWD permit application is submitted. Background The site lies within the Goetschel Pond and Downs Lake watersheds. Currently, the proposed dedicated Open space ultimately drains to Goetschel Pond, while the proposed housing area ultimately drains to Downs Lake. Goetschel Pond is landlocked, and Downs Lake has a high overflow and a history of high water problems. Therefore, the developer is encouraged to incorporate low -impact development techniques into the project so that the water quantity problems are not exacerbated. The concept plans shows a NURP pond in the proposed open space area. This implies that the drainage from the proposed housing area will be diverted from the south to the north. Changing major drainage divides is typically discouraged. More information on the potential impacts of changing this divide will be needed. Water Quantity It appears that the concept will include some low impact development practices. These practices will reduce the amount of impervious surfaces and encourage infiltration. If not already included in the plans, these additional practices should be considered: • Keeping the proposed trails as narrow as practical, and consider using porous pavement. Because a long length of trails is proposed, reducing the width by just a small amount could reduce the amount of impervious surface by a fair amount. • Constructing rainwater gardens and/or infiltration basins. • Grading the islands in the traffic circles and parkway median as depressions. • Constructing the site so that compaction in pervious areas is prevented. • Requiring that soils be loosened to a depth of 24-inches to a maximum compaction of 85% standard proctor density and tilling the upper 10 inches of soils prior to planting. • Directing roof drains to pervious areas. • Using pervious areas for snow storage. • Planting trees that at maturity will canopy over the impervious surfaces. DAVID DUCHECK LINCOLN FETCHER DONALD SCHEEL DALE BORASH DUANE JOHNSON ..• •.,, -1y VALLEY BRANCH WATERSHED DISTRICT www.vbwd.org P.O. BOX 838 LAKE ELMO, MINNESOTA 55042-0538 Mr. Chuck Dill erud June 15, 2005 Page 2 • Planting deep-rooted trees, shrubs, wildflowers, and grasses in at least 25% of the project's green space, • Requiring that long driveways be narrowed to a single lane (around 11 feet wide) as they approach the street. Floodplain Issues Open Space Area The 100-year flood levels of the wetlands within the proposed open space area are high, so it is good that no homes are proposed in this area. The 'VBWD calculated the 100-year flood levels of this area in 1995 using a simplified approach and found the flood levels to be Elevation 916. Some of the proposed trails appear to be below Elevation 916. The VBWD limits the amount of fill that can be placed below the 100-year flood level of a water body. The trail locations should be adjusted to minimize the amount of fill. Mitigation might be required if the proposed fill exceeds the VBWD limitations. If the drainage divide is changed, more runoff will enter the open space area and ultirnately Goetschel Pond. The impact on the 100-year flood levels of the wetland and downstream areas will need to be determined. Housing Area As with all VBWD petmitted projects, the 100-year flood levels of the proposed ponding areas will need to be calculated and the homes will be required to have minimum floor elevations at least two feet higher than the adjacent basin's 100-year flood level. Water Quality Stormwater runoff treatment details were not provided, but concept ponding treatment is shown on the concept plans. If infiltration is feasible, it is encouraged. Wetland issues . The project site includes several wetlands that are typically landlocked. These wetlands are under the jurisdiction of the Wetland Conservation Act (WCA) and the VBWD. The large wetland that is partially on the northwest corner of the site is a Minnesota Department of Natural Resources Public Water. It appears from the concept plans that no wetland will be filled, unless some trail construction causing filling. The developer will need to submit a wetland delineation report for the VBWD to approve. The VBWD is the LoCal Government Unit responsible for administrating the WCA. The intent of the WCA is to avoid wetland itnpacts. The developer will need to follow all of the rules and regulations of the WCA, and submit all of the necessary documentation. The VBWD will then review the information, forward the . information to the appropriate agencies for continents, and ensure the proposal confotms to the WCA and other VBWD wetland rules and regulations. Any projects with wetland impacts take a minimum of six weeks from the time a complete permit application is submitted until a VBWD permit can be obtained. All developers proposing wetland impacts are strongly encouraged to meet with a Barr Engineering Company Wetland scientist and me before a VBWD permit application is submitted. Mr. Chuck Dillerud June 15, 2005 Page 3 Permit Requirements The proposed project will require a permit from the VBWD. The developer must submit a complete permit application packet to me. Permit application materials can be obtained from the VBWD's website, www.vbwd.orv, or from me. Once a complete VBWD permit application is submitted, 1 will review the project for conformance to the VBWD's rules and regulations, including: • Stormwater rates • Water quality treatment • Flood levels and minimum floor elevations • Wetland protection • Erosion controls • Potential downstream impacts If you have any questions, please contact me at 952-832-2622. Sincerely, ---„.1 Joh P. Hanson, P.E. BARR ENGINEERING COMPANY Engineers for the Valley Branch Watershed District c: David Bucheck, VBWD President (via e-mail) Paul Kangas, Loucks Associates, 7200 Hemlock Lane - Suite #300, Maple Grove, MN 55369 Todd Foster, Heritage Development, 422 East County Road D, St. Paul MN 55117 Kimberly.Schafe| ^ From: TrmvisGennundson isUndaon@dnr.state, mn.us] Sent: Friday, June 17 300510:54AM To: Kimberly Sohaffe| Subject: Serenity in Lake Elmo I have no comment on this PUD Concept Plan for Serenity in lake Elmo. Travis Germnudoon Area hydrologist D0R Waters 1200 Warner 8d. St. Paul, MN 55106 651-772-79I4 LYNS10EY CLARK COMPANIES P.O. BOX 36 STILLWATER, MN 55082 (651) 439-1412 June 27, 2005 City of Lake Elmo Attn: Chuck Dlllcrud chuck.dillerucl@lakeelmo.org RECEillr 7. 11 ,1 am sending you this letter in regards to Heritage Developments proposed housing plot on the Abbot property which Is located directly north of the property that my partnership owns in the Brookman Addition. 1 have seen the proposed plat and have met with Todd Foster with Heritage Development. We want it on the record, We do not agree or necessarily disagree with their proposed road which runs through our property. As 1 have informed Todd Foster, we have a land planner that is currently Reviewing the proposed plat and is determining how it can relate to our property. We expect to have an analysis done on the site within the next couple of weeks, So at this point in time we need it stated or the record, that we can not support this proposed road location until we had adequate time to clo our diligents on how best to develop our property. in closing within the next few weeks after we have had time to do our diligents on our piece. Upon completion of our study we will meet with Chuck Dillerud to show him our thoughts for our property. Thank you for your consideration. Sincerely, Mick Lynskey Lynskey Clad( Companies 00R00 'd 617 IS9(XV) 2INVd1N00 11ASNA1 00:SL (NOW)S00-a-Nnr Serenity in Lake Elmo PUD Project Narrative June 8, 2005 Applicant: Heritage Development Attn: Todd Foster 422 East County Road D St. Paul, Minnesota 5511 7 Phone: 651-481-0017 Ext.104 Fax: 651-481-1518 Ernai I: toddf@heritagede_v_elop.m.e.ntcorn Planner/Engineer: Loucks Associates Attn: Paul Kangas - ASLA 7200 Hemlock Lane — Suite #300 Maple Grove, Minnesota 55369 Phone: 763-424-5505 Fax: 763-424-5822 Ei na i I: p_kaiagasPlourIccmclagan—c,orn RECEIVED ) t 5 Affected Properties: The development area consists of two parcels totaling 110 acres. The properties together are known as the Abbott Parcel. Proof of ownership by Heritage Development and a legal description of the subject property is attached to this document. Lot Size and Setbacks: The proposed single family lots will be at least 24,000 SF each (.55 acre) and generally have 120' of width at the public right-of-way. Some lots, 'Primarily around the cul-de-sacs, have less street frontage, but quickly expand to at least 100' wide at the front setback line. Setbacks for the parcels will be consistent with the existing Lake Elmo R-1 zoning and will include the following: Front Setback = 30' Minimum Side Yard (Interior) = 10' Minimum Rear Setback = 40' Minimum Side Yard (Corner) = 25' Minimum Area Wide Master Plan: Significant land use study has taken place in this portion of Lake Elmo. This parcel had been included in the Thorbeck Study completed in December of 2003. Under that plan, the same development area was scheduled to be developed into 96 units from 90-100' in width. Our current concept plan calls for significantly fewer units (44) than what is shown on the Thorbeck Study. The Developer does not have development rights that can be transferred to this parcel, and the .55 acre minimum being proposed is more consistent with the existing development in the area. Serenity in Lake Elmo Page 2 Design Narrative Street and Right -of -Way Width: The streets and right-of-way will be kept relatively narrow to be consistent with general practice in the City of Lake Elmo and to reduce impervious surface. The proposed widths shall be: Street Type ROW Width Street Width Two Way Traffic: 50' 22' Divided Parkway: 80' 18' One Way with 12' Min. Boulevard Development Amenities: The Developer is proposing a number of special features that will create a special residential community for future residents of Lake Elmo. Those amenities may include: Central Park: All of the lots in the middle of the development will face a central park space that will act as a recreational amenity, a storm water detention area, a visual buffer between the units, and a neighborhood gathering spot. Additional amenities, such as a park shelter, play equipment, and site furnishings may be included. Integrated Open Space and Trail System: All of the lots will have convenient access to an integrated open space system that will act as a visual and recreational amenity for the entire development. A pedestrian trail system will allow for future connections to the proposed Lake Elmo Regional Trail System through connections to the northeast, west, and south edges of the subject property. Entry Parkway: The Developer proposes the construction of a boulevard entry drive that will contain extensive landscaping, specialty lighting, development signage, and accent paving at critical pedestrian crossings. Cul-de-Sac Planting Islands: The large radius cul-de-sacs will allow for special planting areas that reduce impervious surface, increase green space, and enhance the overall aesthetics of the development. These areas would be maintained be the Homeowner's Association. These areas may also serve as additional storm water infiltration basins if necessary. Housing Types: The proposed housing type will be large lot single family homes. Lots will be at least 24,000 SF with many of them significantly larger. The development will feature a wide variety in the appearance of the homes, have high quality materials and detailing as approved by an Architectural Review Committee, and feature a Homeowner's Association to maintain common spaces and the significant landscape amenities on the property. Covenants will be implemented to ensure the built neighborhood conforms with the design intent of the Developer and the City of Lake Elmo. Serenity in Lake Elmo Page 3 Design Narrative Vehicular Access: Access to the property is proposed through two public street connections at the south and west edge of the property. The southerly connection is proposed to be placed more easterly than the current right-of-way (Leyton Avenue) extending north from 39'1' Street North. Negotiations with the landowner of the Brookman Third Addition are taking place to facilitate that proposed change. An additional access from 39`11 Street North has been suggested as an extension of Laverne Avenue and would serve as the southern access to the Sheltgen Property. Public Utilities: Although existing public utilities in this area are limited, it is the Developer's intent to connect to the existing and proposed services when available. The proposed concept plan assumes the following: Water: Water service is available in either 39''' Street North (8" line) or Highway #5 (12" line on north), Stubs from this development would be available to serve the Sheltgen Property to the west and make a looped water system possible once the Sheltgen Property is developed. Sanitary Sewer: A temporary, private community drain field will be installed on the south end of the development. This location will allow for a future connection to the proposed sanitary sewer line corning from the south in approximately 2007. The temporary system will be adjacent to public right-of-way for easy maintenance, and be designed to accommodate easy transition to the central, public service once available, The Developer has retained a sanitary sewer design specialist that has indicated a temporary drain field system will require approximately 875 SF per unit. (38,500 SF total). Additional capacity may be provided to serve the Brookman Third Addition until sewer is available. Storm Sewer: In accordance with MPCA storm water requirements, we are proposing to create NURP ponds and detention areas that maintain the predevelopment runoff rates. Limited impact on the existing storm sewer system is anticipated. Generally, storm water from the proposed development will be handled in on -site NURP ponds. Additional land, below the slope to the north, will be used as the final filtration basin before the water is released to the other water bodies or permeates into the groundwater. Wetland Impact: Wetland delineation was completed on the subject property in July of 2004 by I< olhaug Environmental. No wetland impacts are anticipated as only the northern portion of the site contains existing wetlands, and that area is being preserved for dedicated open space. Serenity in Lake Elmo Page 4 Design Narrative Tree Preservation: Minimal tree loss will be necessary to develop the subject property. The area of the site proposed for development has been previously utilized as agricultural property and limited trees are found in the development area. Significant additional tree plantings will be installed during the development process. Timing/Phasing: The proposed development is proposed as one phase with an aggressive build -out schedule. Pending approval from the City, we expect to start construction in fall of 2005 and have all lots, with the exception of lots shown on the temporary drain field, available for construction in 2006. Conclusion: The proposed development will be a high quality neighborhood consistent with the development pattern desired by the City of Lake Elmo. Emphasis on architectural variety, preservation of significant open space, and a site layout that provides interconnected visual and recreational amenities ensure that Serenity in Lake Elmo will be a desirable neighborhood for generations. I Elmo Agenda Section: P a ing, Land Use and Zoning No. 9D City Council July 19, 2005 Agenda Item: Section 520 Site Plan — 9200 Hudson Blvd. (Link Recreational) Background Information forJuly 19, 2005: The new owner of the former Dolan Marine site has made application to construct exterior site improvements. The use of the site (boat sales/service) will not change and is a permitted use in the GB district — which this site remains zoned as. No structure additions are proposed. The Site Plan covers enhancements to the parking, display and structure exterior. This Site Plan was reviewed initially, and recommended for approval by the Planning Commission on June 13. One condition of the approval recommendation was for the applicant to redraft the site plan to show uses and improvements (if any) to the entire site rather than just the south portion where the buildinu are located. The applicant did re -submit plans showing the entire site, and the Planning Commission briefly reviewed those plans on June 27. The Commission took no further actions (beyond sustaining their original recommendation to approve). The Link site is within the recently adopted I-94 Corridor Development Moratoritun Area. The Moratorium ordinance provides for the removal of site from the Moratorium. In this case where we will see a decided exterior appearance improvement to s property that has needed it for years, it appears prudent for the Council to allow the improvement to take place by removal of the Link site from the Moratorium area. An ordinance to that effect is also attached. Action items: Motion to adopt Ordinance #97- removing the Link Recreational site from the 1-94 Development Moratorium Area; and Motion to adopt Resolution #2005 — approving the Section 520 Site Plan for Link Recreational at 9200 Hudson Blvd. per plans staff dated June 29, 2005. Attachments: 1. Draft Ordinance #97 — Moratorium 2. Draft Resolution #2005 -ASproving Site Plan 3. Planning Commission Minutes of June 13 4. Location Map 5. Applicant' s Documentation Person responsible: City Planner T. Allocated: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-078 A RESOLUTION APPROVING THE 520 SITE PLAN FOR LINK RECREATIONAL WHEREAS, at its June 13, 2005 meeting, the Lake Elmo Planning Commission reviewed and recommended approval of the application for a 520 Site Plan for Link Recreational, 9200 Hudson Boulevard, to construct exterior site improvements, Minnesota subject to conditions. WHEREAS, at its June 27, 2005 meeting, the Lake Elmo Planning Commission reviewed the applicants redraft of the site plan to show uses and improvements to the entire site rather than just the south portion where the buildings are located, WHEREAS, at its July 19, 2005 meeting, the City Council reviewed the 520 Site Plan for Link Recreational, per plans staff dated June 29, 2005, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo does hereby approve the Section 520 Site Plan of Link Recreational, 9200 Hudson Blvd., in accordance with plans Staff dated June 29, 2005, and subject to the following conditions: 1. Compliance with the sign regulations. 2. Compliance with the lighting regulations on the entire site to comply with city standards. 3. Compliance with the South Washington Watershed District regulations deemed applicable by the City Engineer. 4. Compliance with the conditions set forth by the City Engineer. ADOPTED by the Lake Elmo City Council on the 18th day of July 19, 2005. Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 97-160 AN ORDINANCE REMOVING PROPERTY FROM THE RESTRICTIONS OF THE I-94 CORRIDOR DEVELOPMENT MORATORIUM 1.0 RECITALS. A. On June 7, 2005, the Lake Elmo City Council adopted Ordinance No. 97- 158 ("1-94 Corridor Development Moratorium"). B. Pursuant to the terms of the 1-94 Corridor Development Moratorium and upon adoption of specific findings, the 1-94 Corridor Development Moratorium allows the Lake Elmo City County to remove property from the application of the development moratorium. C. The City of Lake Elmo has received a development application from the Link Recreational, 9200 Hudson Boulevard, property located in the "Village Area" as that term is defined in the 1-94 Corridor Development Moratorium. 2.0 FINDINGS. The Lake Elmo City Council makes the following findings in regard to the removal of the development proposed by the Lake Elmo Business Park Company from the restrictions of the 1-94 Corridor Development Moratorium: A. Generally complies with the existing City Zoning Ordinance. 3.0 REMOVAL OF PROPERTY. The Lake Elmo City Council hereby authorizes removal of the Link Recreational Parcel, as defined in the Development Application, dated June 8, 2005 from the restrictions contained in the 1-94 Corridor Development Moratorium but does not authorize, removal of any other property; and the removal of this parcel from the restrictions of the 1-94 Corridor Development Moratorium shall not be considered an approval of the proposed site development which must otherwise comply with the City of Lake Elmo's Development Regulations. Effective Date: This Ordinance shall be effective the day following publication. Adoption Date: Passed by the City Council of Lake Elmo the 19th day of July, 2005, Dean Johnston, Mayor Martin J. Rafferty, City Administrator Publication Date: This Ordinance was published in the a Location Map N7IW NNW KI9W Vicinity Map 0 Scale in Feat 780 This dimagg,is tho msotlet naomplialion and IntnodJagan of lend rounds es shay rgmaar In vadouo Wosfiinglon Countycttloos. The drawing should he used for ratorenco fosponnsitsitsde for ony Ina ecuiadoa, ton County Is not sou.: Washington County survayoa'sOtlkb. Phone (e61)430-69Z6 Parcel dale bawd on A5400 inia motIon AMEND NI) APPROVED: 06/27/05 M/S/P, Ptacek/Deziel, To recommend amending the Comprehensive Plan to change the guiding for this parcel from RAD to PF. VOTE: 7:1 Nay -Van Zandt, M/S/P, Ptacek/Lyzenga, To recommend rezoning this parcel from RR to PF. VOTE: 7:1 Nay - Van Zandt. M/S/P, Ptacek/Deziel, To recommend the Minor Subdivison of 7.3 acres gross acres including right of way from the larger parent parcel owned by 3M Company. VOTE: 8:0, M/S/P, Ptacek/Lyzenga, To recommend approval of the Conditional Use Permit to allow construction of a Public Works/Parks Garage and a water tower. VOTE: 8:0. M/S/P, Ptacek/Sedro, To recommend approval of the Section 520 Site Plan, VOTE 8:0, M/S/P, Ptacek/Schneider, To recommend approval of a Variance from architectural standards to allow standing seam metal siding on the new Public Works/Parks Garage in the PF Zoning District. Cotrunissioner Sedro said it is very nice barn like structure if the Code would allow it. She said the city should not request a variance from its own Code. Conunissioner Ptacek said a Code amendment would take too long. VOTE: 5:2:1, Nay: Sedro/Helwig, Abstain: Deziel — He sees Commissioner Sedro's point but did not want to vote against it, SITE PLAN REVIEW: HUDSON BOULEVARD This site has been sold to ai liriiifnie boat dealer proposing another building remodel. Improvements are proposed to the building, parking area, and outdoor display area which is permitted. The Planning Commission was given a couple of additional paragraphs for the staff report. The Planner said the proposal is to have overflow parking behind the site yet there is a gate and fence there. His concern is during the previous use there was a propensity for extensive inventory, and that area behind the fence might become a storage area. The Planner said this site would require a conditional use permit if that area is for storage. There shall be no boats, motors, or trailers there or there will be a citation. He said he would like to know the applicant's intentions for this area, Conditions to be added such as city engineer compliances and the watershed district that ce believes should be complied with and the lighting code must be complied with. For the building we suggest 20 feet standard be applied and no swivels so they cannot be tilted up and keep all light down where it belongs. No signage except what they have. Anything new must comply with the sign code. Conunissioner Ptacek asked for clarification about outdoor display. The Planner said the Code allows it but shrink wrapped boats are storage not outdoor display. David Herreid, Architect with Wichser & Herreid Mr. Humid said his evolution of understanding was that they would use overflow parking for boats corning in and as they are moving through the preparation process. This has been occurring for years on the site and he said he thought that use would be grandfathered in. The Planner said the city does not want a large inventory of storage and they do want screening. Lake Elmo Planning Commission Meeting Minutes ofJune 13, 2005 AN1ENDE :ND APPROVED: 06/27/05 Mr. Herreid said the service shop will bring in boats already purchased boats and the overflow would be for parking. The owners would also be bringing in inventory for sale. Some of those boats would be behind the buildings. The owner said they are an event marketer and they drive a lot of traffic. They need an area to stage the boats for inventory and for sale events, They are a high volume dealer selling a lot of boats so they need those staging areas. He said winter storage is indoors at this facility. They are not in the storage business. The Planner said the city does not have enough staff to monitor storage, Commissioner Deziel said the applicant is not charging storage fees. Storage is not a principal use. The Planner said we can rely on the previous use. He would like storage screened. Chairman Helwig said boats in for service should be licensed. Those on display are not licensed. Commissioner Fliflet aesthetically it doesn't matter whether or not they are licensed. The question is whether or not we want screening. The Planner said the fenced off area is a problem. Racks up to five high of shrink wrapped boats for inventory are a problem. Commissioner Ptacek said that boats to be serviced being stored within a fenced area is a reasonable desire of a customer. No racks or stacking would be allowed, and it could be screened. He said the applicant can delineate an area in the back to take care of the staging for prepping boats but limiting the activity behind the fence to that staging area, then there would be no problem. Shrink wrapped in that area would be a problem Alternative is to screen it, Commissioner Fliflet said she is inclined to uphold the standard and screen it. The Planner will check with the city attorney to see if the existing CUP would apply with a new owner. Commissioner Ptacek said that typical screening would be a fence and some landscaping. Mr, Herreid said the owners have no intention of bringing in. Class 5 so impervious surface coverage would not change. He will submit a new plan. The Planner said the applicant would be limited to overflow parking based upon the site plan submitted. Commissioner Ptacek said it is a problem because the entire site is not on the map. The commission needs to see exactly where fencing, trees and screening are located and where Class 5 begins and ends, M/S/P, Ptacek/Schneider, To approve the 520 Site Plan subject to conditions in the staffreport, compliance with sign regulations, SWWD, reduction in height for lighting to a maximum of 20 feet from grade, no swivel mounted fixtures and all signs and all lighting on the entire site to Lake Elmo Planning Commission Meeting Minutes of June 13, 2005 6 AIVIENDE ND APPROVED: 06/27/05 comply with city standards Applicant shall submit an adequate plan showing all details and screening for the entire overflow parking/staging/storage area. VOTE: 8:0. City Council Update . The Planner said two items on that Agenda were TAPESTRY extending working hours and the visible roofing materials to allow high grade asphalt shingles on roofs north of 10111 Street. The council failed to adopt the roofing materials. No alternative motion was made, and the Code remains unchanged. Adjourned 9:26 P.M. Respectfully submitted, 2 //6' Kimberly Schaffel Recording Secretary Lake Elmo Planning Commission Meeting , 2005 7 LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: June 9, 2005 for the meeting of June 13, 2005 Applicant: Link Recreational/Herreid Location: 9200 Hudson Blvd, Requested Action: Section 520 Site Plan for Marine Sales/Service (Existing Structure) Land Use Plan Guiding: Limited Business Existing Zoning: General Business Site History and Existing Conditions: City records regarding this 9.5 acre site begin in 1971 and are extensive. It appears that the existing 33,000 square foot structure was constructed in 1972, and the existing 14,000 square foot structure (referred to as a cold storage "pole barn") was constructed in 1978. There also appears to have been a Special Use Permit (similar to a CUP) issued in about 1975 for gravel mining in the rear portion of the site. That permit was annually renewed until about 1980, and not thereafter. The site contains the aforementioned structures (separated by 60 feet) in the southeast one -quarter (closest to Hudson Blvd.), and an exterior storage yard exists in the southwest one quarter. The north one half of the site (the portion that was previously "mined") remains vacant. The 33,000 square foot structure is now used for boat/motor/trailer sales and service. That use is Permitted in the General Business District., Staff has no information regarding the present use of the 14,000 square foot accessory building, but we assume it is now used for boat storage only, based on the design of the structure. The 1990 and 2000 Comprehensive Plans classify this site as Limited Business, while the zoning of the site has been and continues to be General Business. In 2002 the Planning Commission recommended that this site, along with 4 other sites with similar non -conforming zoning be rezoned for compliance with the Comprehensive Plan (which is required by State Statute). The City Council decided not to proceed with the Commissions recommendation pending the completion of a new City zoning ordinance that may provide a measure of flexibility is zoning classification based on use performance. Late in 2004 the City Council approved a Conditional Use Permit and Section 520 Site Plan to convert the site and structures to a Family Entertainment Center. That project has been abandoned and the Link Recreational dealership has moved in to the buildings. Discussion and Analysis: This application was received by the City late on June 8, 2005. While we normally would not "turn" an application of any type to the Planning Commission on a such short time line, the Staff and Commission have reviewed this site within the past year (Family Entertainment Center); and, we anticipate the Planning Commission agenda will be very full (3 residential projects totaling 150+ units) on June 27. We are therefore send this relatively minor application along prior to a complete review by staff which will be complete by Monday night. The applicants propose improvements to the existing buildings and site to improve the appearance and continue use of the buildings and site as a boat dealership. The street frontage will be landscaped and 33 parking spaces will be delineated, paved, and provided with landscape islands. Using a retaining wall to extend the level surface of the site toward Hudson Blvd the applicant proposes to construct a concrete surface to boat sales display. The 33,000 square foot structure will be repainted (blue) and gain additional window treatment and a canopy on the west elevation. No plans have been presented for improvements to the 14,000 square foot pole barn on the rear portion of the actively used site. The applicant also proposes 86 spaces of "overflow parking" on a Class 5 rock surface covering most of the balance of the actively used portion of the site. Those overflow spaces would fenced and gated off from the primary off street parking. Past practice (by the former site owner) was to use this now -proposed "overflow parking" area for storage of boats and assorted other equipment, which was a non -conforming use of the property since a CUP is required for outdoor storage (but not "outdoor display of merchandise"). There is a difficult line of distinction between storage and display, here compounded by the proposal to fence and gate the "overflow parking" from the primary parking and outdoor display areas. What can we expect to see in the "overflow" area when customer parking there is not required? More "display" or storage? How will the City distinguish between display (not requiring a CUP, but — one would think — requiring unfettered customer access), and simple inventory or customer storage (requiring a CUP)? Fi dings and Recommendations: Beyond the foregoing use issue we anticipate few issues with this site plan. A complete report, findings and a recommendation will be presented to the Commission Monday. Charles E. Dirlerud, City Plai Attachments: 1. Location Map 2. Applicant's Documentation -I x m r z WASK lezmwgi 114,1,0* b szsTgl.gtgaioN ig-KvAr -Cr •"( - ..1.4.40100‘.N.bbb PINI1.111.1.PACI.MATIMIU 164,001.04111, COLOR JbAbaba MCC. Mb. 1.4.11.12.1..1 ram law,. abtriAbb bbaS bbibibrbabbbni 1..Ebbirl bb3C11111191bebab 7.142X.5., b fb...=.0b4 rbbb Ras SP T.* womb Pew THE LINK lbb wawa Rzwarb. belbAbbROVhbibbLiti..1...01.31.b. nbUll.brbe.S.N.FSWALEbnbErbe-.,fla - ISIZSUbdtb Sibbb=b4,5”... Krt. bEfb.b.b....b.bbibb.l.batob lbe so mtg..= piAbbitsbt SU= lb., 1076_11.151btrAbbIlbberbablAMIT WRVS Ibb..W.4.7.bbabq tbascbrtbt Int MON AMU, EXTERIOR ELEVATIONS . bbbabbear =LYS Gab APRIL:14,2054 Acthor Rabb 1:7Kecer A1.2 /Th N boulder wall • paler de NI aIpo ts1p elf :`• , houllhar well , • • r updating annaoln vegatetleit • 2L _r> . • w willo.. / 1 rensata or anshabas vapptation 15' S96en dater/ -and revlx e ‘, remain Plant Schedule Key• Ceinmen Mine A . 110114* B'Rwakks.I.A.!Pu0 C Illerehelra 5sodloar6, D ;Rod FI,e_ E ;WhIlta Moo F Scetch Mop, Black Fillls_SpS.Os Pagsea Dogwood I ;Anthony V.Vatoror 5Pi.rea IC Glurry.Dloch Cligkohevry L Connect Al;1Pri= CranharryhtUrn M Juniper__ - N ..''Arca.44.1oniPar _ . „ 0 P .c.reepIng Erata.L.1 Pido-14 Q r9.f..g.cfY;d_.5W911 R ;Lancoloaf Corsopsis ;Stella Do Oro DayIlly T Augsurson Joy Stone Crap Sedum U Summer Pastals, Yarrow General Notesi I, This is a preliminary site arid landscape plan for review purposes. 2. Erosion control measures will be established prior to construction 3, The contractor shall be responsible to review the site, The contractor shall establish the removals and vegetation clearing and grubbing that Is required to construct tile plan, 4. Soli conditions on site may vary - the contractor Is responsible to establish that proper subgrade compaction has been achieved prior to Installation of class 5, bituminous paving, concrete curb and gutter and concrete paving 5. The chain link fence and gate materials and Installation details shaft be established by the owner. 6, All non -paved areas will be seeded with an approved Moot bluegrass / ryegniss 1 fescue 1--- • 4 center Island Wie• 'concrete owls, Its suffer • ri ;prefer; ciatelt i ribr bon daer • ,,,I.. . ,,i_.iird__., ...',1,,,i','‘.-▪ ...- .. -_▪ 1 -.- -e1 r .,,, ''T • - • - - ,1.,. `'''" \ „..--1 - ---- - - '',..-"•,._, ‘...-,-.•••ki,2,-,,T.---,4,:-.,-,..--;:.,-,f,-,, :_---2,-, %,,,„,,._,,,__ ,_, __ < est:1411th dndsraza WreM astablialp dmInage fil)W es. Ono 6 peOstliag vegetation • L-HH ' Latin Manic; Mtn, ipacisig ,PhInt qty Arse i ubr.mu 1.5verIca B & 0 6 Populus Vera ululdes 1;5" varier 110 D 10 FraxInui aseoricanullaNisall'.0 2.5" rale!, _. 1105 0 fThu, Resinous „ 4' . 6' vols. 110 I 10 Mau, rhoina 4' • t,' ve.rtra 0911 4 Plan Resinuaa 4' • 6' varluss 3 A 0 Mcca Ilaurn donsiata 4' • 6' valier 0 & B 0 omm, altomlfelia ,SpIrsra 1!umatda 02 i o... _ corst .19 _ ;Dle.lurpla loolccra 01 ;5' o.c. colt 5 . Arprilkinlelarlocarpa 02 , 5' p.c. reput ; 7 .Viburoan PHOPum '060ar 02 5'..,. • i‘P1.„ , 6 , IJurdparus a ablna 'Arcadia' 05 5' 04. .curst , 6 Noise/us cabIna 'Arcadia' 05 ,15' o.,a :cont I 11 ' _ ;lupine:rue nabInc 'Arcadia' 05 'IS' sc. tons 5 Phlox suOulgo 4' 'I' O r. pot _IINntrecIda hires 911 isa. cont ; 25 HI Isa. aunt 73 'HeYerocanis 'Stella Om Ors' fl I 1' ii.e.- !oric 20 _ ISarhen IR. 'Auremnise , Pril •1. at, , cant : 43 AchIllor 'Sumacs! Pasholr' „01 „1' p.c. 'coat_ 70 -, 1 it NOT FOR CONSTRUCTION Link Recreation 9200 Hudson Blvd N. Lake Elmo, MN 55042 boat dimple), -end dropeff arca 611COtti Ono11 I ay •r11 w I is Id • 52110 6' chalnl Ink fence Untutt•1,..1,0t pfinthgeoll domierellrambil sw.• i•ad Ltektri tr•Achev • Milp11111111, OlOrsl• trxPtxderpp, -M1,,g,rx=egrr hr••111Ing••••e•t• ...ma. the vat hrld tat, tle,511,feiNkt4 *Oh 04 • PI 1:•••• 11•4amh▪ z.ne Col, walr•••••• 1..11.11.1” w•11 metrumr121Agenpmt•d ••• TirnIcal Deciduous Tree Planting Detail 'Nom Ipip Sill Fence 00110 e mnary Site & Landscape Plan 1 e•-• .... exacting vesetcrOan MP. Ur boa arstrarp,------ Lfuragstatiy-tass--- oprinstrs- • e.tIipg Ireton • 10' ° ;Ital'a'%ittr geolble I.J". • / ) !concrate pad to he Installed 1%,,ouro Se 1.100,•0•4.0% t-1••:,g1;7,1t 14: lit I to,th 471•31e'rrAntled 00,1..11 rit3pInet no, TtiWttggl 4. snit t41:1g4 fet•OLIII • mite ..ovnd riot' 4.44 vedtr 3 4' leS,etiv 001. 4'68,l,&I,,,tiil, • 0 1 . el•pl•• WOO 4' 10.4141i14 .044 4.4.44 44444[4: ..kh 1.W Weis, ••••loinalw •114164•t 0,-*0.lstlr4000. - tud.1110•xem•sOned ,4444444 4.4 SX .444 444 4,44 Typlral Coniferous Tree Pianting Detail plc rotor -1 1:::=4.10000011 ty. at v"'" 1110.0101/1 bow [DIM I]Ir.rllli5i „ INEANNkis paNw end /AM cciirtete orb detall 40ltev0 Adlialter ifr jclat -OW011 p$40* •ing 1111 WICI HERALD] 411C4IITLCIS INC 3476 LAKE ELMO AVENLJE NORTH P.O.BOX 107 LAKE ELMO 00042 Phone 651-777-7 D64 Fax 551.777.6931 e-mail do olen@w-harohl lacts /I it- V4,...10/1•72,1,mtile et racobmil Wing Vegetation • ,<7,Og' • SO' Talking esp9n-and poplar to renialnna r) caring yam - pow tittle -- I --ea - -' aline - - - St: 111abi0 600'1144,•40gra& 44 olf4efor saint ,0t410U,GUMlb10l0I4l, to WI War. htif4114.H nefie* mil Ind rmulnams 4f 21% 444,11.4d P411 tacka nbittnnta :1:4: or Wit:, 44444.4444 4C0tt 44144,14,41kil Typical Shrub Planting Detail L I (Natio Scala 1041411 0 Boulder Retaining Wall Li (Not to Boole) AUL MILLEN DIESIG5N INC. M". 7Na a PALM AO,. WW.120014 NY. MI4 ..42$ Mfil 126:10- Imdmospo LWAWNi neolcodll a fabric comported Is oSia of Meatnuel al nodal sl cruder den filly colnpanal Intaocai *t ,Iti Sutton 12" Nylopleet Catch Basin Orate modes Suction 6" pipe cutlet detail riot te man) I he I'd by stay Onetime plant WOO pro par ool my, or undo my direst supervision sod that I on a duly roanored Landscape Architect In Ma State of Minnesota Paul IN, Miller, Landow° Architect tato sl Nil an Haw Rea. No.20910 - . on to poulble „ 1 MAVEN !lined cot4 INN Sado tolo ao) 0od-3' rams reounu hale 12,5yi4.08p0socheauln 104 wals cutlet as scqdreal Canpuned 8nava blue Date: jinn 27, 2005 ! landscaping la provide screcrins 440404111441.4 11444 b44.443444 inwwg 1014 W bruma 144a cartel 810.6446,41w0+ op to fWed (*Mir babe, Au k4.0313611000 gins km. NW. 24-4Warritsgmft Ned 14* lecowlinbh. LI0ParkMg Lot Lighting (N ot fa 111.1 a) $1.01911 Flared End Section nt ripe Net / outlet Motto stn.) North SHEET LI A Section View z 0.0 remain _ B Section View existing vegetiatIcat misting vegetation to remain - _ eh:Unlink sclairity Frei— proposed,.. =wale -asphIt ping.. 0 Section View Link Recreation 9200 Hudson Blvd N. Lake Elmo, MN 55042 ' lass S road perking lot islands vr/ tree planting 1-P',Itzstrative Sections • ovistingvegetatiors to remain class 5 rnacl oat auf i -4,WARzfoveowpsak,w,14-1.3:3-,t' . . . . . . pareang lot Nein/Mew/ • 34/8 LAKE ELMO AVENUE NORTH P,Q.BOXtoO ELMO M11.55CO2 Fax atil,7.77..S31 a-rnaa tlastg.CricAlanalleamant IPAIJI, MILLER DESIGN NC. 76.33 PAL,. RC,. mdating building to be uPgraded oxiseggg vegetation to! - reritairr • .A:LaiAL - Shenk smeStr 0.0e planc,wre praprtal to, ar under &ea ap. A.L..,:x1 the 1 an a dakrrntaamd taads.09. sheameat tlimmaa. Mer.1.014006 Anzinkacc Soze I.vamax. Regaaa.20910 Dam jont 27. 2005 10' 20. B SHEET L2 P.14 4 parking lot looking northwest west property line looking south north side of buildings from northwest corner of the site looking south looking toward the northern property line Link Recreation 9200 Hudson Blvd N, Lake Elmo, MN 55042 Pato: Juno 17. 2005 Existing Site Conditions 11c2,NTM,11!? 3,476 LAn AVENUE HORN P 0 PCP I a/ ton ELMO MN, mix Plow CP1,,M4OP, Pax 663.77,5331 PcP3r6iPharaikclaan't AUL MILLER ION INC r ?IWO ..(if 314,41.1,4, north propertyline looking east Lake Elmo City Council July 19, 2005 Agenda Section: Planning, Land Use and Zoning Agenda Item: OP Concept Plan — Lake Elrno Development Co. Background Information for Jule 19 2005: At its meeting June 27, 2005 the Planning Commission conducted a Public Hearin u and adopted a recommendation (6-3, Ptacek, Helwig, and Schneider opposed) for approval of this application to develop a 155 acre site in the southwest quadrant of Highway 36 and Maiming Avenue with up to 62 single family dwelling lots. On July 5 the City Council tabled the application pending a recommendation from the Park Commission regarding the need for a neighborhood park site within the proposed development area. The _ Park Commission will be meeting July 18 to consider the issue. We are placing this application back on the Council's agenda in anticipation of a recommendation from the July 18 Park Commission meeting. The attachment materials from July 5 are again included here. We have - also finally received a review letter from MnDOT regarding the Concept Plan. Their review was requested on June 9. Neither staff nor the applicant has had an opportunity to fully review the MnDOT comments as of this writing. This application was received by the City on June 8, 2005. The statutory 60 day City review period will expire on August 7, 2005. Person es onsible: Action items: a Motion to adopt Resolution #2005 — approving the OP Concept Cl Plan for Lake Elino Development per plans staff dated June 8, 2005, based on the Findings and subject to the Conditions recommended by the Planning Commission. Attachments: 1. MnDOT Review Letter 2. July 5 Agenda Materials Time Allocated: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO, 2005- O'7 A RESOLUTION APPROVING THE OPEN SPACE PRESERVATION DEVELOPMENT CONCEPT PLAN BY LAKE ELMO DEVELOPMENT WHEREAS, on the 7th day of June, 2005, the Lake Elmo Development Company, ("Applicant") submitted a completed application requesting that the City of Lake Elmo approve an Open Space Preservation Development Concept Plan; and WHEREAS, on the 27th day of June, 2005, at a public hearing, the Lake Elmo Planning Commission reviewed the Development Application, the City Planner's reports and comments, the comments of the Applicant and the Applicant's representatives, and recommended approval of the Development Application with conditions. NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby: Approves the Open Space Concept Plan for the application by Lake Elmo Development Company as illustrated on an MFRA Concept Plan, staff dated June 7, 2005 with the following conditions: 1 Compliance with recommendations for a neighborhood park as determined by the Lake Elmo Parks Commission, 2. Compliance with recommendations of the city engineer, 3. Compliance with the city trail system plan, and 4, Compliance with VBWD recommendations that the city engineer finds to be practical or applicable, ADOPTED, by the Lake Elmo City Council on the 5th day of July, 2005 Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator ..• • —Minneiota Department of Transportation Metropolitan District Waters Edge 1500 West'County Read B-2 Roseville MN 55113-3174 July I4, 2005 • Chuck Dillerud City Planner/City Administrator City of Lake Elmo 3800 Laverne Ave. North ',Lake Elmo, MN 55042 SUBJECT: Lake Elmo Project, Mn/DOT Development Review 005-059 • Southwest Quadrant of TH 36 and Manning Avenue Lake Elmo, Washington County Control Section 8204 Dear Mr. Dillerud: • The Minnesota Department of Transportation (Mn/DOT) has reviewed the above referenced plat in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any further development, please address the following issues: , Traffic The Trunk Highway (TH) 36 Corridor Management Plan shows that improvements to ' Manning Avenue include adding an interchange, implementing access management and • building Manning Avenue supporting roadway connections. • • , or There are many issues regarding•thiS proposed development. First, TH 36 and Manning Avenue has been identified as a folded•diamOnd interchange (east side) in the figure. That means that any bapkage connection to these properties'must be adjusted to fit the footprint for the interchange. Secondly,• in the short term, the inplace gravel road must be ,.; . • upgraded to a three lane paved roadway: Likewise,.as the fourth leg to the intersection, loop detectors and signal modifications will be needed. Also, a Signal Justification •••. Report must be written and approved by Mn/DOT Traffic. Please note that all , • improvements made are the responsibility of the CRY, or whomever the city assigns , • responsibility for paying and implementing these improvements. Please call,Wayne :•Letnanialc, Mn/DOT Metro Traffic Support, at 651-634-2147, ifyOu have any questions regarding these issues. • . • m • Because Washington County is studying expanding Manning •Ave from TH 36 to CSAH 12 in 2007-2008, (after selecting a preferred alternative and doing•the design and right- of-way), a public open House was held by Washington County on June 22, 2005 at Aamodt's Apple Farm from 3:30 to 7:00. Contact Joe Lukat Washington County at 651- , 430-4312 for more information about the results of this meeting. We recommend that, access to this development is off of Maiming to assist traffic operationaon TH 36. If you have any questions about the above issues,please contact • Todd,Clarkowski, Mn/DOT Metro•Area Engineer, at 65.1-582-1169. An.equal opportunity employer _Drainage Other •• A Mn/DOT drainage permit may be required. Current drainage rates to Mn/DOT right- of-way must not be increased. Please provide a grading plan and drainage area maps for the proposed project showing existing and proposed contours. The drainage area maps should include arrows indicating the direction of flow. If the project drains to Mn/DOT right-of-way, the maps should be accompanied by drainage computations for pre- and post-constmetion conditions during 10 and 100 year events. Please contact Rusty Nereng at MnDOT Water Resources Engineering (651-634-2111) or (rustv.nerengadot.state.mn.U0 with any questions. Mn/DOT has access control along north side of site, except for a 60-foot opening located .approximately 1320 feet west of northeast corner of Section 1-29-21. This opening should be closed as a part of the development of this site. If you have any questions about this issue, please contact: Steven R. Channer, Mn)DOT Metro Right of Way Section, 651-582-1272. A Mn/DOT permit will be required for the intersection work. Detailed grading, drainage and utility plans are also needed before final comments can be made on this development. Permit forms are available from MnDOT's utility website at www.dot.state.rnn.us/tecsun/u.tilitv . Please direct any questions regarding permit requirements to Keith Van Wagner (651-582-1443), or Buck Craig (651-582-1447) of ..MnDOT's Metro Permits Section. m . As a reminder, Manning Avenue is County State Aid Highway (CSAH) 15. Any work on a CSAH route must meet State Aid rules and policies so that they stay within its system limitations. You may obtain additional information regarding State Aid rules and policies in any of the following ways: a) httn://www.dotstate.mn.us/stateaid/ shows or has links to the applicable forms and the Mn/DOT State Aid Manual. • ' b) ,Refer to the Mn/DOT State Aid Manual, Chapter - 92.200 for information regarding standards and policies. c) Please go to httn://www.revisorien.state.mn.us/ande/8820/ for information regarding State Aid Operations Rules Chapter 8820. For driveway standards, the designer -is directed to refer to the Mn/DOT Road Design Manual (English) Table 5-3.04A and.Figure 5-3.04A for guidance and policies. Please contact Jim Deeny in our State Aid section at (651) 582-1389 with any additional questions. Please send a copy of the final plat for Ma/DOT review to the following address: Brad Canaday Mn/DOT — Metro East Surveys 3485 Hadley Ave. N. Oakdale, Minnesota 55128 Phone: (651) 779-5007 As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: Development Review Coordinator Mn/DOT - Metro Division 1500 West County Road B-2 Roseville, Minnesota 55113 Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's review and response to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. As our request, could you please send an electronic pdf file copy of your plan submittal for our record keeping purposes to marv.iacksonOdot.statemmus Please refer to Lake Elmo Project, Mn/DOT Review S05-059 when emailing the .pdf file. If you have any questions concerning this review, please contact me at 651-582-1724. Sincerely, 12 Mary E. Jackson Transportation Planner S Copy: Wayne Sandberg, Washington County Joe Lux, Washington County Kathleen O'Connell, MFRA, Inc. Michael J. Glair, MIRA, Inc, Sue Tarasar, Sunde Land Surveying, LLC. Lake Elmo Agenda Section: Planning, Land Use and Zoning N . 9C City Council July 5, 2005 enda Item: OP Concept Plan — Lake Elmo Development Company/Bergmann Background Information for July 5, 2005: At its meeting June 27 the Planning Commission conducted a Public Hearing and adopted a recommendation of approval (6-3, Ptacek, Helwig, and Schneider opposed) for the OP Concept Plan for 54 or 62 single family dwelling lots on a 155 acre site at Manning/State Highway 5. The two major issues discussed by the Planning Staff Report and the Commission were those of the need for a neighborhood park on this site, and the applicants' exclusion of a 23 acre portion of one of the parent tax parcels from the Concept Plan. Staff had recommended tabling of the Concept Plan to the July 27 Planning Commission meeting to enable the Park Commission to provide a recommendation on the park issue at its July 18 meeting; and, to provide the applicants an opportunity to further address the future end use of the 23 acre exception as a part of this application. The Commission did not agree regarding the tabling, nor with the need to designate end use of the 23 acre exclusion. The Commission did retain a condition regarding Park Commission review of the need for a neighborhood park, but did not require that review to be reported tot the Planning Commission at Concept Stage. While not addressed during the Planning Commission discussion, Section 400.07, Subd. 5E does permit the Planning Commission to require the developer to provide a sketch plan for the development of any adjoining land owned by the applicant at the Preliminary Plat Stave (but not a the OP Concept Stage). It appears that the Commission can waive that provision and it appears that they intend to based on the Concept Plan actions. A draft Resolution is attached providing for the approval of the OP Concept Plan for Lake Elmo Development Company/Bergmann based on Findings and conditions of approval recommended by the Planning Commission. The application date for this Concept Plan is June 8, 2005. The 60 day review period will expire — unless extended — on August 7, 2005. The Planning Commission meets again on July 11, and July 27; and, the Council meets again on July 19, and August 2. The Park Commission meets next on July 18. Person resnon.sible: Action items: Motion to adopt Resolution #21 approving the OP Concept Ci Plan for Lake Elmo Development Company/Bergmann per plans staff dated June 7, 2005 based on Findings and conditions of approval recommended by the Planning Commission. Attachments: 1. Draft Resolution of Approval 2. Draft Planning Commission Minutes of June 27 3. Planning Staff Report 4. Location Map 5. Applicants' Documentation/Graphics Time Allocated: TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: Copies To: Planning Commission From: Thomas Prew, P. E. Date: June 24, 2005 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Reference: Concept Plan Review Bergmann Property City of Lake Elmo Proj. No.: 13267.000 Routing: I have reviewed the Concept Plan dated June 7, 2005, and have the following comments: Plat The site will be accessed from TH 36 and Manning Trail, a 40-foot right-of-way should be platted along Manning Trail to the entrance of this plat. The street right-of-way south of the entrance should be vacated, as it actually functions as a driveway, and the City well site can be accessed from within the development with a shorter driveway. Streets The "T" intersection off of Manning Trail should be designed as a curve. Manning Trail to the south should intersect with that curve. The primary north -south street and the primary east -west street should be constructed to a 26-foot width, as they will carry larger volumes of traffic and could be part of our State -Aid system. A roundabout would be a good traffic calming feature at the intersection of the two primary roads. I would recommend it be looked at. Manning Trail, south of TH 36 will need to be upgraded. All streets should have concrete curb and gutter, as the development will have sewer and water. The cul-de-sacs shall be island style. A driveway to the City well house on 55th Street should be constructed from the north -south street. Watermain A 16-inch watermain is required from our City well on 55th Street, to the west end of the plat. Waterrnain should be extended to the northeast corner of the plat for future extension. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Concept Plan Review Page 2 June 24, 2005 Bergmann Property Sanitary Sewer No mention of sewer system was made in this submittal. Trails An extension of our proposed 55th Street Trail should be made. To the west through the plat It would be nice to have a trail loop around the pond. The main east -west street should have a trail so a future link to the trail in other subdivisions can be maintained. June 22, 2005 Mr. Chuck Dillerud City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Re: Lake Elmo Development Company Bergmann Parcels. Dear Mr. Dillerud: Thank you for submitting the concept plan for the proposed 155-acre development southwest ofManning Avenue and Highway 36. Most of the site appears to be within the Brown's Creek Watershed District (BCWD), and the developers should obtain a permit from•the BCWD. Because the extreme western portion'of the site appears to drain to the Valley Branch Watershed District (VBWD), the VBWD will offer comments to the BCWD in its permit review process. Several wetlands appear to exist within the site. The VBWD is the Local Government Unit (LGU) responsible for administering the Wetland Conservation Act (WCA) for that part of Lake Elmo within the VBWD. For the portion of Lake Elmo within the BCWD, the City of Lake Elmo is the LGU, and I believe the City consults with Jyneen Thatcher of the Washington Conservation District on WCA issues. Again, because the extreme western portion of the site appears to drain to the VBWD, the•VBWD would like to offer comments to the City in its review of WCA issues. If you have any questions, please contact me at 952-832-2622. Sincelely, Jon P. Hanson, P.E. BARR ENGINEERING COMPANY Engineers for the Valley Branch Watershed District c: David Bucheck, VBWD President (via e-mail) Karen Kill, BCWD Administrator (via e-mail) Kathleen O'Connell, MFRA, Developer's Consultant (via e-mail) Jyneen Thatcher, WCD (via e-mail) DAVID BUCHECK LINCOLN FETCHER DONALD SCHEEL DALE BORASH DUANE JOHNSON VALLEY BRANCH WATERSHED DISTRICT P.C. BOX 838 LAKE ELMO, MINNESOTA 55042-0530 inrwithbwd.Ord To the Lake Elmo City Planning Commission: It appears that in our attempt to maintain a rural styled farm amongst a growing city, we have created a "significant issue" pertaining to the development of the property to our East. Within the concept plan presented today, 27 acres of our property along the South border of the "Bergmann estate" has been included in the proposed development. This is 27 acres which we have farmed for many years. Due to the closing of 56fh street, and the increased traffic on Highway 36, it has become virtually impossible, and considerably dangerous to access this property with our farm equipment. It has become increasingly difficult to drive a tractor and plow down to this property to prepare the land for planting, and just as hazardous to pull wagons filled with pumpkins back to our farm during our fall harvest. We feel that now is a good time for us to let this property be retired from farming and enjoyed by other new families. At the same time though, this 27 acres of plowed ground is very important to us as crop production, so it only makes sense to us to exchange this piece of ground for another piece approximately 23 acres which adjoins our current farming operation. In fact we have already reclaimed most of the old fields on this property and the pumpkins planted there are growing as we speak. Having these fields adjoined to the rest of the property definitely makes growing and harvesting a crop a much easier endeavor. By including this land in the development, we would not only lose the ground to crop production, but we would also lose some Of the rural character that surrounds our farm. By maintaining this land, we create an open agriculture space between ourselves and the proposed development which we are sure all will enjoy. It is not in our plans to develop all of our property; in fact, it is our hope to preserve our land for the next generation, so that they may enjoy a rural Lake Elmo as we have. Someday it may come about that our property is developed like the surrounding parcels but we would prefer for that day to come in the distant future. For now we see no reason to develop a parcel of property that still has some crop life left. Thank you, Richard Bergmann and Family RECEI t ItAk Planning Surveying Combs Frank Roos Associates, inc. June 7, 2005 Mr, Chuck Dillerude, City Planner City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 Subject: Lake Elmo Development Corporation 155 Acre Open Space Preservation Plat Concept Review MFRA #15215 Dear Mr. Dillerude: With this letter we are transmitting a planning application request for the concept review of a proposed Open:.$pace Preservation Plat for A Custom-built single family residential subdivision on behalf of Lake Elmo Development Corporation. This project has been the subject of staff discussions with Lake Elmo Development Corporation and MFRA over the past several months. The proposed 155 acre development is located west of Manning Avenue and due -south of Highway 36. The applicant is requesting a concept stage review for an Open Space Preservation Plat. Lake Elmo Development corporation has retained the services of MFRA to provide technical, design and project management services to prepare a site design and to complete a wetland delineation in matters of compliance with the Minnesota Wetlands Conservation Act. Lake Elmo Development will market the custom-built lots to a select number of builders. Lake Elmo Development has worked diligently over the past several months to consolidate three parcels into a distinctive residential development. It allows for the future development of 55-62 single family homes on 3/4 acre lots and provides for future roadway connections to the west and south as indicated by Staff. 15050 23rd Avenue North • Plymouth, Minnesota • 55447 phone 763/476-6010 fax 763/476-8532 e-mail: mfra@mfra,corn Mr. Chuck Dillelrude June 7, 2005 Page 2 Approximately 79 feet of relief exists on the property in conjunction with numerous pockets of woodlands and approximately 20 acres of wetlands. In addition, an existing historic barn will remain as part of the development. Site planning efforts have centered on the creation of a contiguous open space system through the following means: Careful siting of the proposed roadways to minimize grading and preserve the trees, wetlands and the rolling character of the site. Probable house pad areas and lots are located to maximize access, visual and physical, to the open space system, while creating a sense of neighborhood. Preservation of historic barn. Designated conservation area and covenants that will allow for continuation of some farming. The result is a proposed 57% of the total site is a contiguous open space that encompasses wetlands and preserves views and the existing rural character of the land. Development of the proposed property would result in 55 lots @ 16/40 or 62 lots @ 18/40. The site summary is as follows: Site Summary Site Area 155 Acres Wetlands +/- 20 Acres Developable Land +/- 135 Acres 135 Ac X .4 (16/40) 54 lots +1 historic barn 55 lots 135 Ac X .45 (18/40) 61 lots +1 historic barn 62 lots We believe that conservation areas, natural features, retention of the historic barn and quality builders will contribute to what we expect will be a great place to live and an asset to the City of Lake Elmo. Mr. Chuck Dillelrude June 7, 2005 Page 3 We appreciate the time and effort the City has given to this development and look forward to a mutually successful conclusion. Yours truly, MFRA Kathleen O'Connell Michael J. Gair, ASLA Landscape Architect Vice President KOC:jna Enclosure S: \mai n:IS el15215 1 correMillerude6-7 Historic Barn Preservation MFRA #15215 It is Lake Elmo Development Co.'s intention to rehabilitate the existing historic barn on the site. A minimum of $25,000 is anticipated for this. Work will include inspection and reinforcement of the existing stone base and footings. In addition, two cupolas , weather vanes and other architectural details will be added to reflect the agricultural heritage of the area and enhance the historic appearance of the structure. It is the developer's intention to include the historic structure on a lot for use by the future owners, with the stipulation that it be maintained in perpetuity as a barn. s:\tnain:\Se1152151correslbarn6-24 ng Pine Trees \ UWY3O Power Line Erasment Future connection — to West Development Summary Single Family Lots @ 3/4 ac 55 to 62 Total size Area Protected Wetlands (Preliminary) 12% to 2496 slopes 25% and greater slopes Woodlands Rights of Way (P.O.W.) Linear feet of P.O.W. Linear feet of Trail Developable Land Contiguous Open Space 155 ac p. Mixed Deciduous 20 ac Woodlands Pipeline easnient 17 ac .3 ac 26.6 ac 9.42 ac 8215 LF 8742 LF 135 ac 88.35 ac Note: Blvd. Landscape: Minimum 3 trees per lot. Total tree count to equal min 10 trees per building site. RECEIVE° jvci 7 Additional Plantings Primary Conservation Area: WetaInci complex and wooded area istoric Barn dit onal Planting Tree Cover Wetlands Grasslands/ Agriculture NORTH MI LW A tho ita beNeseto 33447 0666 476 16•tar 7,5,076-830 C-Mot onkoftiracm Clleel Lake Elmo Development Company Like Me, MN Peeled Lake Elmo Project Lake Elmo, MN Open Space Preservation Plat Concept 1 hereby codify lhol Ole pan yes reepoea0 by ele or undo' my &eel leefror°41rar`L41.711.*:;1,`,74,71 ?velure Nome 901e Lleenle beitifiai Cflecke,1 Own Aeoreenel bole RelablOAS No. Cola By liemorki _J I t Shout Revision MFRA FILE NR: 15218 - Lake Elmo City Council July 19, 2005 Agenda Section: CITY ADMINISTRATOR'S REpowr No. Agenda Item: Logo/Nell City Identity Background Information: Al the Public Works Committee meeting, on Tuesday the 12th. the committee discussed public signage in general and specifically at the entrances of the city. The Public, Works Superintendent reviewed past proposals and sign design utilization practices. The discussion included a long time interest/desire to redesign the identity/logo for the City of Lake Elmo as it \you'd be expressed graphically. The identity/l000 is utilized in all communications of the city including letterhead. cards, envelopes. Irvebpage, markinit buildings and facilities, water towers and si ails to name a few. After careful consideration the committee recommended that the Administrator be given authority to retain the services of a marketing professional with an expenditure range of not to exceed $5.000 to develop a new identity/logo that depicts Lake Elmo's image and extend that new image/identity into the communication pathways as expressed above. Action Items: Motion authorizing the Administrator to retain the services of a marketing professional, with a not to exceed budget of $5,000 for the purpose of developing a new logo/identity and extend redesigned image into the communications of the city. Attachments: Person responsible: Martin Rafferty